The evolution of digital privacy rights in common law jurisdictions. A comparative analysis of UK and Ukrainian approaches to personal data protection post-2020

Abstract

This paper examines the evolution of digital privacy rights and personal data protection frameworks in the United Kingdom and Ukraine following significant legal developments post-2020. The research analyses the divergent path taken by the UK after Brexit on 31 January 2020, with the implementation of the UK GDPR on 1 January 2021 and subsequent Data (Use and Access) Act 2025, alongside Ukraine's progressive alignment with European Union data protection standards whilst maintaining its distinct legal framework. Through comparative legal analysis, this study identifies key similarities and differences in approach, implementation mechanisms, and enforcement practices. The findings demonstrate that whilst both jurisdictions share fundamental principlesof data protection derived from international standards and the European Convention on Human Rights, their implementation strategies reflect distinct legal traditions and geopolitical contexts shaped by Brexit and European integration respectively. The paper examines enforcement actions including the £20 million British Airways fine and £18.4 million Marriott International penalty, contrasting these with Ukraine's current maximum penalty of 34,000 hryvnias (approximately $820 USD) [20]. The research contributes to understanding how different legal systems adapt international data protection standards to their specific constitutional and regulatory environments, whilst navigating the complex balance between privacy protection, economic innovation, and international data flows.