Data Protection Act 2018
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Change 1
183B Protection of prohibitions and restrictions etc on processing: other enactments
(1) This section is about the relationship between— (a) a pre-commencement enactment which imposes a duty, or confers a power, to process personal data, and (b) a provision of the main data protection legislation containing a requirement relating to the processing of personal data. (2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act). (3) Where the provision described in subsection (1)(b) is a provision of, or made under, the UK GDPR, section 5(A2) of the European Union (Withdrawal) Act 2018 (assimilated direct legislation subject to domestic enactments) does not apply to the relationship. (4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision with similar effect to section 183A(1) (or applying that provision) is made in connection with one such relationship but not another. (5) In this section— (a) “the main data protection legislation” and “requirement” have the same meaning as in section 183A, and (b) “pre-commencement enactment” means an enactment so far as passed or made before 20th August 2025. (6) Section 183A(5) applies for the purposes of subsection (1)(a) of this section as it applies for the purposes of section 183A(1).
183B Protection of prohibitions and restrictions etc on processing: other enactments
(1) This section is about the relationship between— (a) a pre-commencement enactment which imposes a duty, or confers a power, to process personal data, and (b) a provision of the main data protection legislation containing a requirement relating to the processing of personal data. (2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act). (3) Where the provision described in subsection (1)(b) is a provision of, or made under, the UK GDPR, section 5(A2) of the European Union (Withdrawal) Act 2018 (assimilated direct legislation subject to domestic enactments) does not apply to the relationship. (4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision with similar effect to section 183A(1) (or applying that provision) is made in connection with one such relationship but not another. (5) In this section— (a) “the main data protection legislation” and “requirement” have the same meaning as in section 183A, and (b) “pre-commencement enactment” means an enactment so far as passed or made before 20th August 2025. (6) Section 183A(5) applies for the purposes of subsection (1)(a) of this section as it applies for the purposes of section 183A(1).
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