United Kingdom: Adopted Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023

On 18 December 2023, the Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 were adopted. The Regulations amend the UK GDPR and the Data Protection Act 2018 where, currently, the definition of fundamental rights and freedoms in the Data Protection Regulations refer to rights from retained EU law which will no longer be applicable in the UK by the end of 2023. Under the new Regulations, fundamental rights will instead refer to the rights contained in the European Convention on Human Rights (ECHR), which is incorporated in UK law as Human Rights Act 1998. The amendments are made under the Minister's powers to alter secondary retained EU law under the Retained EU Law (Revocation and Reform) Act 2023. The amendments apply from 31 December 2023.