UK databases—scope, Brexit and assimilated law

The law protecting databases in the UK has been significantly influenced by EU legislative initiatives, particularly in the two decades before Brexit. Following the UK’s exit from the EU, EU law introduced, or implemented, after 31 December 2020 (IP completion day) is not binding in the UK. For pre-existing EU legislation, a new category of domestic law, retained eu law, was introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and case law relating to any such retained EU law prior to the end of 2020 continued to have effect in the UK. The European Union (withdrawal agreement) Act 2020 made several changes to EU(W)A 2018 and introduced an implementation period beginning on 31 December 2020. During the implementation period, the legal position was frozen, save where actively amended by UK Parliament. UK courts could have regard to, but were no longer bound by, principles laid down or decisions made by the EU courts after this date. For more information, see Practice