The Data Protection Bill [HL] 2017-19 (DP Bill) has been in the news this week as, having already passed through the House of Lords, it completed its second reading in the House of Commons on Tuesday. It is intended it will receive Royal Assent before 25th May when the General Data Protection Regulation (GDPR) comes into force. The GCMA Help Desk has, understandably, been dealing with some confusion from managers regarding the DP Bill, and why there is more legislation regarding data protection being introduced - as if GDPR was not enough! Essentially the explanation is that the GDPR has a direct effect across all EU member states, one of which is still The UK until we officially leave, and has already been passed. This means organisations will have to comply with this regulation from 25th May and will have to look to the GDPR for most legal obligations. However, the GDPR gives member states limited opportunities to make provisions for how it applies in their country and one element of the DP Bill is the details of these. Examples of this, as far as the UK is concerned, are in matters of immigration, law enforcement, national security and, more relevant for golf clubs, that GDPR considers ‘children’ to be under 16, whereas in the UK DP Bill this is currently expected to be set at under 13. Once we leave the EU it is intended that DP Bill will be the overriding legislation but until then the GDPR and the DP Bill will run concurrently. With regard to the implementation of GDPR, the GCMA is still intending to prepare a GDPR compliance guide for golf clubs - however, we are still waiting for the finalised guidance on consent and children. Finally, for those anoraks out there: - the HL in Data Protection Bill [HL] 2017-19 just means it started its passage in the House of Lords. If it a bill commences in the House of Commons, then the HL would become HC!
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