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COMPLIANCE: Understanding the European Data Act and GDPR Compliance for UK SMEs

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COMPLIANCE: Understanding the European Data Act and GDPR Compliance for UK SMEs
By: Iain Fraser – Cybersecurity Journalist
Published in Collaboration with: Ensurety.co.uk
SMECYBERInsights – The UK Small Business Cybersecurity Network
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For UK-based small and medium enterprises (SMEs), navigating the evolving landscape of data protection regulations continues to present significant challenges. With the European Data Act (EDA) now in effect alongside the established General Data Protection Regulation (GDPR), businesses must understand how these frameworks interact and what compliance measures they need to implement.

The European Data Act: What UK SMEs Need to Know

The European Data Act, which came into full effect in 2024, aims to create a fairer data economy by ensuring more equitable access to and use of data generated across all economic sectors in the EU.

“While the UK is no longer part of the EU, the European Data Act still has significant implications for British SMEs that conduct business with European partners or customers,” explains Keith Budden, Managing Director at Ensurety.co.uk. “Many UK companies operate within a supply chain that crosses borders, meaning these regulations can’t be ignored simply because of Brexit.”

The Data Act focuses on:

•  Facilitating access to and use of data by consumers and businesses

•  Establishing rules for data sharing across sectors

•  Removing obstacles to data mobility

•  Setting up safeguards against unlawful data transfer

GDPR Compliance: Still Essential for UK Businesses

Despite the UK’s departure from the EU, GDPR principles remain embedded in UK law through the UK GDPR and Data Protection Act 2018.

One of the most common misconceptions I encounter when advising clients,” notes Budden, “is the belief that Brexit has somehow eliminated the need to comply with GDPR. In reality, the core principles remain virtually identical under UK law, and any business handling EU citizens’ data must still comply with EU GDPR regardless.”

How the Data Act and GDPR Work Together

The relationship between these two regulatory frameworks is complementary. While GDPR focuses primarily on personal data protection, the Data Act addresses broader issues of data accessibility, portability, and fair use across both personal and non-personal data.

Budden emphasizes that “understanding where these regulations overlap and diverge is crucial for compliance. The Data Act doesn’t replace GDPR but rather builds upon it to create a more comprehensive framework for the digital economy.”

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Practical Steps for UK SMEs

Based on Ensurety’s experience working with UK businesses, Budden recommends the following practical steps for SMEs:

1. Conduct a data audit: “Before implementing any compliance measures, you need to understand what data you hold, where it comes from, how it’s processed, and where it goes,” advises Budden. “This foundational step reveals your compliance obligations under both frameworks.”

2. Review cross-border data transfers: With the UK now considered a “third country” by the EU, additional safeguards may be required for data transfers. “International data transfer agreements have become essential components of compliance for many of our clients,” says Budden.

3. Update privacy policies and consent mechanisms: Ensure your documentation reflects compliance with both UK GDPR and, where applicable, EU GDPR and the Data Act.

4. Implement data portability solutions: “The Data Act strengthens requirements around data portability,” Budden points out. “SMEs should ensure they can provide customers with their data in structured, commonly used, and machine-readable formats when requested.”

5. Review contracts with service providers: Cloud service providers and IoT manufacturers now have specific obligations under the Data Act. Budden recommends: “Review your contracts to ensure they address unfair terms and provide mechanisms for data sharing.”

The Cost of Non-Compliance

The financial implications of failing to comply with data regulations can be severe. Under GDPR, fines can reach up to €20 million or 4% of annual global turnover, whichever is higher. The Data Act introduces its own penalties for non-compliance.

“Beyond financial penalties,” warns Budden, “non-compliance risks reputational damage that can be even more costly in the long run. We’ve seen clients lose business opportunities simply because they couldn’t demonstrate adequate data protection practices to potential partners.”

Conclusion

For UK SMEs, staying informed about evolving data regulations is not just a legal necessity but a business imperative. As Budden concludes, “Compliance should be viewed not as a burden but as an opportunity to build trust with customers and partners. At Ensurety, we find that businesses that embrace these principles often discover operational efficiencies in the process of becoming compliant.”

Understanding how the European Data Act interacts with existing GDPR requirements allows UK SMEs to develop comprehensive data strategies that satisfy regulatory requirements while creating value from their data assets.

For personalized advice on your data compliance strategy, contact Keith Budden at Ensurety.co.uk, specialists in helping UK SMEs navigate the complex world of data regulation.

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