UNITED KINGDOM
Since November 2006
Pillar Cross-border data policies |
Indicator Local storage requirement
Companies Act 2006
According to Section 388 of the Companies Act 2006, if accounting records are kept at a place outside the United Kingdom, accounts and returns must be sent to and kept at a place in the United Kingdom and must at all times be open to such inspection. In addition, records must be sent back to the United Kingdom at intervals of not more than six months.
Coverage Horizontal
UNITED KINGDOM
Since April 2016, entry into force in May 2018
Since May 2018, entry into force in January 2021
Since May 2018, entry into force in January 2021
Pillar Cross-border data policies |
Indicator Conditional flow regime
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation)
Data Protection Act 2018
Data Protection Act 2018
Under Art. 44 of the United Kingdom General Data Protection Regulation (UK GDPR), it is required that any international data transfer of personal data to a third country or international organisation should only take place under certain conditions and/or with certain safeguards in place. These are further set out in Arts. 45 to 49 of the UK GDPR.
The 2018 Data Protection Act allows personal data to flow from the UK to third countries on the basis of an adequacy decision, appropriate safeguards (such as standard data protection clauses and binding corporate rules), or other conditions specified under the Data Protection Act. The UK has granted adequacy to countries within the European Economic Area, countries covered by European Commission adequacy decisions (as of 31 December 2020), and South Korea.
The 2018 Data Protection Act allows personal data to flow from the UK to third countries on the basis of an adequacy decision, appropriate safeguards (such as standard data protection clauses and binding corporate rules), or other conditions specified under the Data Protection Act. The UK has granted adequacy to countries within the European Economic Area, countries covered by European Commission adequacy decisions (as of 31 December 2020), and South Korea.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211006165607/https://www.legislation.gov.uk/eur/2016/679/chapter/V
- https://web.archive.org/web/20231204234120/http://www.legislation.gov.uk/ukpga/2018/12/contents/enacted
- https://www.dataguidance.com/notes/uk-data-protection-overview
- https://www.dataguidance.com/notes/uk-data-transfers
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UNITED KINGDOM
Signed in October 2020, entry into force in January 2021
Signed in December 2020, entry into force in May 2021
Signed in July 2021, entry into force in September 2022
Signed in February 2022, entry into force in June 2022
Signed in December 2021, entry into force in May 2023
Signed in February 2022, entry into force in May 2023
Signed in March 2023, entry into force in September 2024
Signed in July 2023, entry into force in December 2024
Signed in December 2020, entry into force in May 2021
Signed in July 2021, entry into force in September 2022
Signed in February 2022, entry into force in June 2022
Signed in December 2021, entry into force in May 2023
Signed in February 2022, entry into force in May 2023
Signed in March 2023, entry into force in September 2024
Signed in July 2023, entry into force in December 2024
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership
Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the One Part, and the United Kingdom of Great Britain and Northern Ireland, of the Other Part
Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland
Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore
Australia-United Kingdom Free Trade Agreement
Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand
Digital Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the One Part, and the United Kingdom of Great Britain and Northern Ireland, of the Other Part
Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland
Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore
Australia-United Kingdom Free Trade Agreement
Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand
Digital Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
The United Kingdom has joined several agreements with binding commitments to open transfers of data across borders. These include: the Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership (Art. 8.84), the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the One Part, and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (Art. 201), the Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland (Art. 4.11), the Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore (Art. 8.61-F), the Australia-United Kingdom Free Trade Agreement (Art. 14.10), the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand (Art. 15.14), the Digital Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine [Art. 132-K (2)], and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11)
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20230925013411/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.149.01.0010.01.ENG
- https://web.archive.org/web/20230307104942/https://www.mofa.go.jp/files/100111408.pdf
- https://web.archive.org/web/20230327113325/https://www.dfat.gov.au/trade/agreements/not-yet-in-force/aukfta/official-text/australia-uk-fta-chapter-14-digital-trade
- https://web.archive.org/web/20230927120953/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1057192/uk-new-zealand-free-trade-agreement-chapter-15-digita...
- https://web.archive.org/web/20220810124030/https://www.mti.gov.sg/-/media/MTI/Microsites/DEAs/UKSDEA/Text-of-the-UKSDEA/2022-02-25---UK-Singapore-Digital-Economy-Agreement.pdf
- https://web.archive.org/web/20240528112546/https://www.regjeringen.no/contentassets/70cab61673f74ad88aad40dbbb96fe34/free-trade-agreement-betweeniceland-the-principality-of-liechtenstein-and-the-kingd...
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UNITED KINGDOM
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that there is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements. Moreover, Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks is implemented in the United Kingdom via the Building (Amendment) Regulations 2016 and The Communications (Access to Infrastructure) Regulations 2016.
Coverage Horizontal
UNITED KINGDOM
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of coverage of CPC 754 in the WTO Government Procurement Agreement (GPA)
Although the United Kingdom is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), which is an important services sector for digital trade.
The United Kingdom joined the GPA 2012, in its own right, on 1 January 2021. The country had previously been covered by the GPA 1994 and subsequently by the GPA 2012 as a member State of the European Union and later in accordance with the Withdrawal Agreement concluded between the European Union and the United Kingdom and relevant decisions of the WTO Committee on Government Procurement. From 2018 to 2020, the United Kingdom negotiated with GPA Parties on GPA membership in its own right. On 2 December 2020, the United Kingdom deposited its instrument of accession to the GPA 2012.
The United Kingdom joined the GPA 2012, in its own right, on 1 January 2021. The country had previously been covered by the GPA 1994 and subsequently by the GPA 2012 as a member State of the European Union and later in accordance with the Withdrawal Agreement concluded between the European Union and the United Kingdom and relevant decisions of the WTO Committee on Government Procurement. From 2018 to 2020, the United Kingdom negotiated with GPA Parties on GPA membership in its own right. On 2 December 2020, the United Kingdom deposited its instrument of accession to the GPA 2012.
Coverage Telecommunications-related services
Sources
- https://web.archive.org/web/20230419100610/https://e-gpa.wto.org/en/Agreement/Latest
- https://www.wto.org/english/tratop_e/gproc_e/memobs_e.htm
- https://web.archive.org/web/20231010041212/https://www.wto.org/english/news_e/news20_e/gpro_02dec20_e.htm
- https://web.archive.org/web/20220209053741/https://e-gpa.wto.org/en/Annex/Details?Agreement=GPA113&Party=UnitedKingdom&AnnexNo=5&ContentCulture=en&AdvancedSearch=False
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UNITED KINGDOM
Since November 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Companies Act 2006
There are no restrictions on maximum foreign equity share for investors in digital trade sectors in the UK. While in practice, it may be difficult for foreign investors to buy large equity shares in state-controlled companies in the UK, there are no formal rules on maximum foreign equity shares.
Coverage Horizontal
UNITED KINGDOM
Since January 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
National Security and Investment Act 2021
The National Security and Investment Act 2021 (NSI Act) is an investment screening mechanism that gives the government power to review domestic and foreign investment along national security grounds. The NSI Act creates a mandatory notification requirement for firms as well as a dedicated body, the Investment Security Unit, to review all qualifying investments. Investments in 17 sectors, including communications, data infrastructure, quantum technologies, dual-use technologies, and satellite and space technologies, are reviewable as long as certain ownership threshold requirements are met or the transaction allows for the "material influence" over the entity. The NSI Act does not solely apply to mergers and acquisitions but also to purchases of physical capital and intellectual property. In 2021, the first case of blocking occurred when Chinese company Beijing Infinite Vision Technology was prohibited from acquiring IP developed and owned by the University of Manchester.
Coverage 17 sectors, including communications, data infrastructure, quantum technologies, dual use technologies, and satellite and space technologies
Sources
- https://web.archive.org/web/20240120172828/https://www.legislation.gov.uk/ukpga/2021/25/contents/enacted
- https://web.archive.org/web/20221024065658/https://www.lexology.com/indepth/the-foreign-investment-regulation-review/united-kingdom
- https://www.arnoldporter.com/en/perspectives/advisories/2022/08/uk-national-security-reviews
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UNITED KINGDOM
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The UK is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
UNITED KINGDOM
Since November 1988
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright, Designs, and Patents Act 1988
The UK has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Sections 29 and 30 of the Copyright, Designs, and Patents Act 1988 enumerate the three scenarios in which fair dealing exceptions can be made to UK copyright law for purposes of research or private study, criticism or review, and for the purpose of reporting current events.
Coverage Horizontal
UNITED KINGDOM
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The UK has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
UNITED KINGDOM
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The UK has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
UNITED KINGDOM
Since June 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
The Trade Secrets (Enforcement, etc.) Regulations 2018
In the United Kingdom, trade secrets are protected from unjustified use and disclosure by common law – under the law of confidence – and the Trade Secrets Regulations of 2018. The regulations implement Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) in the United Kingdom. They establish broad criteria for information that qualifies for protection, strict and non-time-limited protections, and clear sanctions against unlawful disclosure.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230604104626/https://www.legislation.gov.uk/uksi/2018/597/made
- https://web.archive.org/web/20240406231203/https://www.gov.uk/government/consultations/artificial-intelligence-and-intellectual-property-call-for-views/impact-of-artificial-intelligence-on-uk-trade-se...
- https://web.archive.org/web/20221021040214/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32016L0943
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UNITED KINGDOM
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
The United Kingdom is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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UNITED KINGDOM
Since November 2021
Since October 2022
Since October 2022
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Telecommunications Security Act 2021
Electronic Communications (Security Measures) Regulations 2022
Electronic Communications (Security Measures) Regulations 2022
The Telecommunications Security Act 2021 gives the UK government the power to remove high-security risk vendors from the UK telecommunications infrastructure. The Act specifically bans new purchases of equipment from Chinese telecommunications company Huawei and mandates the removal of all Huawei equipment from the 5G network by 2027. Moreover, according to the UK's Office of Communications (Ofcom), the Act "allows the government to set out specific security requirements that providers must meet. This will include making sure telecoms providers securely design, construct and maintain network equipment that handles sensitive data; reduce supply chain risks; carefully control access to sensitive parts of the network; and make sure the right processes are in place to understand the risks facing their public networks and services." The Electronic Communications (Security Measures) Regulations 2022 supplements the Act, providing 16 regulations that further detail security measures expected to be put in place by network or service providers, ranging from securely designing and maintaining their public network to helping their third-party suppliers to identify and reduce risks of security compromise.
Coverage Huawei
Sources
- https://web.archive.org/web/20221026133803/https://www.legislation.gov.uk/ukpga/2021/31/enacted
- https://web.archive.org/web/20221006021553/https://www.gov.uk/government/news/new-telecoms-security-law-to-protect-uk-from-cyber-threats
- https://web.archive.org/web/20231203102822/https://www.ofcom.org.uk/news-centre/2021/ofcom-oversee-telecoms-networks-security
- https://web.archive.org/web/20220309121726/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1056862/Draft_Electronic_Communications__Security_Measures__R...
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UNITED KINGDOM
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
In March 2023, the United Kingdom’s Cabinet Office banned TikTok from government-issued mobile devices, citing cybersecurity concerns. According to Cabinet Office Minister Oliver Dowden, the measure was a precautionary step aimed at protecting sensitive government data, and it took effect immediately for devices used by ministers and civil servants. The restriction applies strictly to official devices and does not extend to personal phones. These actions align the U.K. with other Western governments implementing similar restrictions on the Chinese-owned platform.
Coverage TikTok
