GDPR After Brexit: What UK Companies Still Need to Comply With in 2026

Introduction

Four years after Brexit, UK GDPR compliance remains a source of confusion for many organisations. The core principles are familiar — they mirror the EU GDPR that companies prepared for in 2018 — but there are important differences that affect day-to-day compliance obligations, particularly for companies that handle data flows between the UK and EU.

UK GDPR: The Key Differences from EU GDPR

Different Regulatory Authority

UK GDPR is enforced by the ICO (Information Commissioner's Office), not the EU data protection authorities. The ICO operates independently and has its own enforcement approach, priorities, and fine levels. The maximum fine under UK GDPR is £17.5 million or 4% of global annual turnover — the same percentage as EU GDPR but with a different sterling cap.

UK Adequacy Decision

The EU has granted the UK an adequacy decision — meaning that personal data can flow freely from the EU to the UK without requiring additional safeguards like Standard Contractual Clauses (SCCs). However, this decision expires in 2025 and is subject to periodic review. If adequacy is withdrawn, UK companies handling EU personal data will need to implement alternative transfer mechanisms.

International Data Transfers from the UK

Transferring personal data from the UK to countries outside the UK requires different mechanisms than EU GDPR. The UK uses the International Data Transfer Agreement (IDTA) rather than EU SCCs. Companies that updated their contracts to use EU SCCs post-Brexit may need separate IDTA agreements for UK data flows.

UK Data Protection Act 2018

UK GDPR operates alongside the Data Protection Act 2018, which covers areas not addressed by GDPR — including intelligence services, law enforcement processing, and specific derogations.

ICO Enforcement: What's Being Fined

The ICO's enforcement focus in 2025-2026 has centred on: inadequate cookie consent mechanisms (particularly pre-ticked boxes and obscured reject options), failures to respond to Subject Access Requests within the one-month deadline, inadequate security measures leading to personal data breaches, and failure to complete Data Protection Impact Assessments for high-risk processing activities.

Common Compliance Gaps We See

The gaps we most frequently find in UK companies' data protection programmes are: records of processing activities (RoPA) that haven't been updated since 2018, privacy notices that don't reflect current processing activities, no documented lawful basis for processing activities added since GDPR implementation, Subject Access Request processes that exist on paper but haven't been tested, and international transfer mechanisms that predate Brexit and haven't been updated.

The AI and Data Protection Intersection

The ICO has signalled that AI systems — particularly those used for decision-making, profiling, or processing sensitive data — are a priority area. Companies deploying AI systems need to complete DPIAs for high-risk AI applications, have a lawful basis for the personal data those systems process, and understand the transparency obligations when AI makes decisions about individuals.

Getting Your Programme in Order

Chabil Consulting provides UK GDPR compliance reviews and programmes. Our standard review takes 2–3 weeks and produces a clear picture of your current position and the highest-priority gaps. Contact us at hello@chabilconsulting.com.