UK GDPR vs EU GDPR — What Is the Difference for Non-UK and Non-EU Businesses?

The UK GDPR and EU GDPR are closely aligned, but they are now separate regimes. 

That matters if your company is expanding across borders.

A business outside the UK may need to comply with the UK GDPR if it targets people in the UK. A business outside the EU may need to comply with the EU GDPR if it targets people in the EU. In some cases, the same business may need to comply with both.

For non-UK and non-EU businesses, the key question is simple: which market are you targeting?

If you are targeting the UK, you need to consider the UK GDPR. If you are targeting the EU, you need to consider the EU GDPR. If you are targeting both, you may need to consider both.

This is especially important for market entry:

  • A US SaaS company launching in the UK may need a UK GDPR representative.
  • A Canadian ecommerce business selling into France and Germany may need an EU GDPR representative.
  • A UK company selling into the EU may need an EU GDPR representative.
  • An EU company selling into the UK may need a UK GDPR representative.

The UK supervisory authority, the ICO, notes that UK organisations without an EEA establishment that offer goods or services to people in the EEA, or monitor their behaviour there, generally need an EEA representative. It also notes that some UK organisations may need to comply with both UK GDPR and EU GDPR.

A UK representative does not automatically cover the EU.
An EU representative does not automatically cover the UK.

They are separate appointments for separate legal regimes.

This is where many companies get caught out. They assume “GDPR” is one single European requirement. In practice, post-Brexit, UK and EU market entry can create different representative obligations.

You should check your position before launching if you:

  • sell to UK or EU customers;
  • process customer, user or lead data;
  • run local advertising campaigns;
  • use cookies, analytics or behavioural tracking;
  • provide services to clients with UK or EU users.

The takeaway:
The UK GDPR and EU GDPR are similar, but your representative obligations depend on where your company is established and which market you are targeting.

Need help working out whether you need a UK representative, EU representative, or both?
We provide focused UK and EU GDPR representative services for companies entering new markets.