| Guvnor

Enforced by: ICO, FCA
Status: In Force
Penalty ceiling: Prosecution 4 of 16 obligations carry an unlimited fine. 3 carry different penalties and 9 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person7

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Access to customer data and business data

0 of 26 sections shown

26 other sections in this Part — procedural and definitional

s.001 Customer data and business data

s.002 Power to make provision in connection with customer data

s.003 Customer data: supplementary

s.004 Power to make provision in connection with business data

s.005 Business data: supplementary

s.006 Decision-makers

s.007 Interface bodies

s.008 Enforcement of regulations under this Part

s.009 Restrictions on powers of investigation etc

s.010 Financial penalties

s.011 Fees

s.012 Levy

s.013 Financial assistance

s.014 The FCA and financial services interfaces

s.015 The FCA and financial services interfaces: supplementary

s.016 The FCA and financial services interfaces: penalties and levies

s.017 The FCA and co-ordination with other regulators

s.018 Liability in damages

s.019 Duty to review regulations

s.020 Restrictions on processing and data protection

s.021 Regulations under this Part: supplementary

s.022 Regulations under this Part: Parliamentary procedure and consultation

s.023 Related subordinate legislation

s.024 Repeal of provisions relating to supply of customer data

s.025 Other defined terms

s.026 Index of defined terms for this Part

Part 2

Digital verification services

10 of 29 sections shown

s.028 DVS trust framework Regulated

Other duties (1) — Crown / regulator

Secretary of State must prepare and publish DVS trust frameworkCrown / Minister / Government department

s.040 Duty to remove person from the DVS register Prosecution

Other duties (1) — Crown / regulator

Remove a person from the DVS register when their certificate is no longer validCrown / Minister / Government department

Fine up to £2,500

s.042 Duty to remove services from the DVS register Regulated

Other duties (1) — Crown / regulator

Secretary of State must remove digital verification services from the DVS register when eligibility endsCrown / Minister / Government department

s.043 Duty to remove supplementary notes from the DVS register Regulated

Other duties (1) — Crown / regulator

Secretary of State must remove supplementary notes from DVS register when no longer validCrown / Minister / Government department

s.044 Duty to remove services from supplementary notes Regulated

Other duties (1) — Crown / regulator

Secretary of State must remove services from supplementary notes in DVS registerCrown / Minister / Government department

s.046 Information disclosed by the Revenue and Customs Regulated

Do not further disclose HMRC-provided data without consentAny Person

s.047 Information disclosed by the Welsh Revenue Authority Prosecution

Unauthorised disclosure of WRA personal informationAny Person

Unlimited fine

s.048 Information disclosed by Revenue Scotland Prosecution

Disclosing Revenue Scotland data without consentAny Person

Unlimited fine

s.049 Code of practice about the disclosure of information Regulated

Other duties (1) — Crown / regulator

Secretary of State must prepare and publish a code of practice on information disclosureCrown / Minister / Government department

s.053 Report on the operation of this Part Regulated

Other duties (1) — Crown / regulator

Secretary of State must publish reports on the operation of this PartCrown / Minister / Government department

19 other sections in this Part — procedural and definitional

s.027 Introductory

s.029 Supplementary codes

s.030 Withdrawal of a supplementary code

s.031 Review of DVS trust framework and supplementary codes

s.032 DVS register

s.033 Registration in the DVS register

s.034 Power to refuse registration in the DVS register

s.035 Registration of additional services

s.036 Supplementary notes

s.037 Addition of services to supplementary notes

s.038 Applications for registration, supplementary notes, etc

s.039 Fees for applications for registration, supplementary notes, etc

s.041 Power to remove person from the DVS register

s.045 Power of public authority to disclose information to registered person

s.050 Trust mark for use by registered persons

s.051 Power of Secretary of State to require information

s.052 Arrangements for third party to exercise functions

s.054 Index of defined terms for this Part

s.055 Powers relating to verification of identity or status

Part 3

National Underground Asset Register

3 of 5 sections shown

s.056 National Underground Asset Register: England and Wales Prosecution

Fail to register street apparatus information on NUARAny Person

Unlimited fine

s.057 Information in relation to apparatus: England and Wales Prosecution

Failure to comply with requirements to record or report apparatus informationAny Person

Fine up to £2,500

s.058 National Underground Asset Register: Northern Ireland Prosecution

Fail to upload apparatus information to NUARAny Person

Unlimited fine

2 other sections in this Part — procedural and definitional

s.059 Information in relation to apparatus: Northern Ireland

s.060 Pre-commencement consultation

Part 4

Registers of births and deaths

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.061 Form in which registers of births and deaths are to be kept

s.062 Provision of equipment and facilities by local authorities

s.063 Requirements to sign register

s.064 Treatment of existing registers and records

s.065 Minor and consequential amendments

Part 5

Data protection and privacy

19 of 51 sections shown

s.089 Joint processing by intelligence services and competent authorities Regulated

Other duties (1) — Crown / regulator

Secretary of State must review national-security designations annuallyCrown / Minister / Government department

s.095 Analysis of performance Regulated

Other duties (1) — Crown / regulator

Commissioner must publish annual performance analysisStatutory regulator

s.100 Interview notices

amended 2 times (opens in a new tab)

s.101 Penalty notices

amended 2 times (opens in a new tab)

s.102 Annual report on regulatory action

amended 2 times (opens in a new tab)

s.103 Complaints by data subjects

amended 6 times (opens in a new tab)

s.104 Court procedure in connection with subject access requests

amended 2 times (opens in a new tab)

s.105 Consequential amendments to the EITSET Regulations

amended 2 times (opens in a new tab)

s.106 Protection of prohibitions, restrictions and data subject’s rights

amended 2 times (opens in a new tab)

s.107 Regulations under the UK GDPR

amended 2 times (opens in a new tab)

s.108 Further minor provision about data protection

amended 2 times (opens in a new tab)

s.109 The PEC Regulations

amended 2 times (opens in a new tab)

s.110 Interpretation of the PEC Regulations

amended 8 times (opens in a new tab)

s.111 Duty to notify the Commissioner of personal data breach: time periods

amended 2 times (opens in a new tab)

s.112 Storing information in the terminal equipment of a subscriber or user

amended 2 times (opens in a new tab)

s.113 Emergency alerts: interpretation of time periods

amended 2 times (opens in a new tab)

s.114 Use of electronic mail for direct marketing by charities

amended 2 times (opens in a new tab)

s.115 Commissioner’s enforcement powers

amended 2 times (opens in a new tab)

s.116 Codes of conduct

amended 2 times (opens in a new tab)

32 other sections in this Part — procedural and definitional

s.066 The 2018 Act and the UK GDPR

s.067 Meaning of research and statistical purposes

s.068 Consent to processing for the purposes of scientific research

s.069 Consent to law enforcement processing

s.070 Lawfulness of processing

s.071 The purpose limitation

s.072 Processing in reliance on relevant international law

s.073 Elected representatives responding to requests

s.074 Processing of special categories of personal data

s.075 Fees and reasons for responses to data subjects’ requests about law enforcement processing

s.076 Time limits for responding to data subjects’ requests

s.077 Information to be provided to data subjects

s.078 Searches in response to data subjects’ requests

s.079 Data subjects’ rights to information: legal professional privilege exemption

s.080 Automated decision-making

s.081 Data protection by design: children’s higher protection matters

s.082 Logging of law enforcement processing

s.083 General processing and codes of conduct

s.084 Law enforcement processing and codes of conduct

s.085 Transfers of personal data to third countries and international organisations

s.086 Safeguards for processing for research etc purposes

s.087 Section 86: consequential provision

s.088 National security exemption

s.090 Joint processing: consequential amendments

s.091 Duties of the Commissioner in carrying out functions

s.092 Codes of practice for the processing of personal data

s.093 Codes of practice: panels and impact assessments

s.094 Manifestly unfounded or excessive requests to the Commissioner

s.096 Notices from the Commissioner

s.097 Power of the Commissioner to require documents

s.098 Power of the Commissioner to require a report

s.099 Assessment notices: removal of OFSTED restriction

Part 6

The Information Commission

4 of 4 sections shown

s.117 The Information Commission

amended 4 times (opens in a new tab)

s.118 Abolition of the office of Information Commissioner

amended 1 time (opens in a new tab)

s.119 Transfer of functions to the Information Commission

amended 1 time (opens in a new tab)

s.120 Transfer of property etc to the Information Commission

amended 2 times (opens in a new tab)

Part 7

Other provision about use of, or access to, data

18 of 18 sections shown

s.121 Information standards for health and adult social care in England

amended 2 times (opens in a new tab)

s.122 Grant of smart meter communication licences

amended 1 time (opens in a new tab)

s.123 Disclosure of information to improve public service delivery to undertakings

amended 2 times (opens in a new tab)

s.124 Retention of information by providers of internet services in connection with death of child

amended 2 times (opens in a new tab)

s.125 Information for research about online safety matters

amended 2 times (opens in a new tab)

s.126 Retention of biometric data and recordable offences

amended 1 time (opens in a new tab)

s.127 Retention of pseudonymised biometric data

amended 1 time (opens in a new tab)

s.128 Retention of biometric data from INTERPOL

amended 1 time (opens in a new tab)

s.129 The eIDAS Regulation

amended 2 times (opens in a new tab)

s.130 Recognition of EU conformity assessment bodies

amended 2 times (opens in a new tab)

s.131 Removal of recognition of EU standards etc

amended 1 time (opens in a new tab)

s.132 Recognition of overseas trust products

amended 2 times (opens in a new tab)

s.133 Co-operation between supervisory authority and overseas authorities

amended 2 times (opens in a new tab)

s.134 Time periods: the eIDAS Regulation and the EITSET Regulations

amended 2 times (opens in a new tab)

s.135 Economic impact assessment

amended 2 times (opens in a new tab)

s.136 Report on the use of copyright works in the development of AI systems

amended 2 times (opens in a new tab)

s.137 Progress statement

amended 2 times (opens in a new tab)

s.138 Creating, or requesting the creation of, purported intimate image of adult Regulated

Create or request creation of fake intimate image of an adult without consentAny Person

amended 2 times (opens in a new tab)

Part 8

Final provisions

6 of 6 sections shown

s.139 Power to make consequential amendments

amended 1 time (opens in a new tab)

s.140 Regulations

amended 1 time (opens in a new tab)

s.141 Extent

amended 1 time (opens in a new tab)

s.142 Commencement

amended 1 time (opens in a new tab)

s.143 Transitional, transitory and saving provision

amended 1 time (opens in a new tab)

s.144 Short title

amended 1 time (opens in a new tab)

Schedules

0 of 169 shown

169 other schedules

s.sch003 The Births and Deaths Registration Act 1953 is amended as...

s.sch003 (1) Section 33 (short certificate of birth) is amended as...

s.sch003 In section 33A (short certificate of death), in subsection (2),...

s.sch003 In section 34 (entry in register as evidence of birth...

s.sch003 (1) Section 34A (searches and records of information: additional provision)...

s.sch003 In section 35 (offences relating to registers), in paragraph (b),...

s.sch003 In section 40 (sending and providing notices, information or other...

s.sch003 In section 41 (interpretation), after subsection (3) insert—

s.sch003 Registration Service Act 1953

s.sch003 In section 10 (district register offices), in subsection (1), omit...

s.sch003 In section 12 (provision of register boxes), omit “registrar of...

s.sch003 (1) Section 3A (registration of births of abandoned children) is...

s.sch003 In section 13 (local schemes of organisation), in subsection (2),...

s.sch003 Public Records Act 1958

s.sch003 Social Security Administration Act 1992

s.sch003 Education Act 1996

s.sch003 Adoption and Children Act 2002

s.sch003 Gender Recognition Act 2004

s.sch003 (1) Section 10 (registration) is amended as follows.

s.sch003 In Part 1 of Schedule 3 (registration: England and Wales),...

s.sch003 Presumption of Death Act 2013

s.sch003 (1) Section 13 (registration of name of child or of...

s.sch003 In Part 3 (general), the italic heading before section 25...

s.sch003 (1) Section 29 (correction of errors in registers) is amended...

s.sch003 In section 29A (alternative procedure for certain corrections), in subsection...

s.sch003 (1) Section 30 (searches of indexes kept by Registrar General)...

s.sch003 In section 31 (searches of indexes kept by superintendent registrars),...

s.sch003 For section 32 (searches in registers kept by registrars) substitute—...

s.sch006 The UK GDPR

s.sch006 The 2018 Act

s.sch006 Omit section 14 (automated decision-making authorised by law: safeguards).

s.sch006 In section 43(1)(d) (overview and scope of provisions in Part...

s.sch006 (1) Section 52 (form of provision of information etc) is...

s.sch006 (1) Section 53 (manifestly unfounded or excessive requests by the...

s.sch006 In section 149(2)(b) (enforcement notices)— (a) after “provision of” insert...

s.sch006 In section 157(2)(a) (maximum amount of penalty), for “49,” substitute...

s.sch006 (1) Article 12 (transparent information, communication and modalities for the...

s.sch006 In Article 13(2)(f) (information about automated decision-making to be provided...

s.sch006 In Article 14(2)(g) (information about automated decision-making to be provided...

s.sch006 In Article 15(1)(h) (right of access by the data subject),...

s.sch006 In the heading of Section 4 of Chapter 3, omit...

s.sch006 In Article 23(1) (restrictions), for “provided for in Articles 12...

s.sch006 In Article 47(2)(e) (binding corporate rules), for the words from...

s.sch006 In Article 83(5) (general conditions for imposing administrative fines)—

s.sch007 Introduction

s.sch007 Public interest restrictions

s.sch007 General principles for transfers

s.sch007 Transfers approved by regulations

s.sch007 After that Article insert— Transfers approved by regulations (1) For the purposes of Article 44A, the Secretary of...

s.sch007 Transfers approved by regulations: monitoring

s.sch007 Transfers subject to appropriate safeguards

s.sch007 In the heading of Article 47 (binding corporate rules) at...

s.sch007 After Article 47 insert— Transfers subject to appropriate safeguards: further...

s.sch007 Derogations for specific situations

s.sch008 Introduction

s.sch008 Subsequent transfers

s.sch008 Overview and interpretation

s.sch008 General principles for transfer

s.sch008 Transfers approved by regulations

s.sch008 Transfers approved by regulations: monitoring

s.sch008 Transfers subject to appropriate safeguards

s.sch008 Transfers based on special circumstances

s.sch008 Transfers to particular recipients

s.sch008 (1) Section 77 (conditions for transfers of personal data to...

s.sch009 The UK GDPR

s.sch009 In Article 83(5)(c) (general conditions for imposing administrative fines), for...

s.sch009 The 2018 Act

s.sch009 Omit section 17A (transfers based on adequacy regulations) and the...

s.sch009 Omit section 17B (transfers based on adequacy regulations: review etc)....

s.sch009 Omit section 17C (standard data protection clauses).

s.sch009 Omit section 18 (transfers of personal data to third countries...

s.sch009 In section 24(2) (manual unstructured data held by FOI public...

s.sch009 In section 26(2) (national security and defence exemption), omit paragraph...

s.sch009 In section 75 (transfers on the basis of appropriate safeguards),...

s.sch009 In section 78A (law enforcement processing: national security exemption) (inserted...

s.sch009 In Article 13(1)(f) (information to be provided where personal data...

s.sch009 (1) Section 119A (power of Commissioner to specify standard clauses...

s.sch009 In section 149(2)(e) (enforcement notices), for “44 to 49” substitute...

s.sch009 (1) Section 182 (regulations and consultation) is amended as follows....

s.sch009 In section 205(2)(e) (references to periods of time) omit “and...

s.sch009 In paragraph 26(9)(d) of Schedule 2 (exemptions etc for journalistic,...

s.sch009 (1) Part 3 of Schedule 21 (further transitional provision etc:...

s.sch009 The UK GDPR: transfers approved by regulations

s.sch009 The UK GDPR: transfers subject to appropriate safeguards

s.sch009 The UK GDPR: transfers subject to appropriate safeguards provided by standard data protection clauses

s.sch009 (1) This paragraph applies to a requirement for safeguards to...

s.sch009 In Article 14(1)(f) (information to be provided where personal data...

s.sch009 The UK GDPR: transfers necessary for important reasons of public interest

s.sch009 The UK GDPR: restrictions on transfers of personal data to third countries and international organisations

s.sch009 Part 3 of the 2018 Act (law enforcement processing): transfers approved by regulations

s.sch009 Part 3 of the 2018 Act (law enforcement processing): transfers subject to appropriate safeguards

s.sch009 In Article 15(2) (right of access by the data subject)—...

s.sch009 (1) Article 40 (codes of conduct) is amended as follows....

s.sch009 In Article 42(2) (certification) omit “appropriate” in both places.

s.sch009 In Article 46(2)(d) (transfers subject to appropriate safeguards: standard data...

s.sch009 In Article 57(1) (Commissioner’s tasks)— (a) in point (m) omit...

s.sch009 In Article 58(3) (authorisation and advisory powers of the Commissioner),...

s.sch010 The UK GDPR

s.sch010 (1) Section 44 (information: controller’s general duties) is amended as...

s.sch010 (1) Section 45 (right of access by the data subject)...

s.sch010 In section 45A (exemption from sections 44 and 45: legal...

s.sch010 (1) Section 48 (rights to rectification, to erasure or to...

s.sch010 In section 93(1)(e) (right to information), after “Commissioner”, in the...

s.sch010 In section 94(2)(f) (right of access), after “Commissioner”, in the...

s.sch010 (1) Section 149 (enforcement notices) is amended as follows.

s.sch010 In section 155 (penalty notices), in subsection (1)(a), for “or...

s.sch010 In section 157 (maximum amount of penalty), after subsection (4)...

s.sch010 In section 165 (complaints by data subjects), in the heading,...

s.sch010 In Article 12(4) (transparent information, communication and modalities for the...

s.sch010 (1) Section 166 (orders to progress complaints) is amended as...

s.sch010 (1) Section 187 (representation of data subjects with their authority)...

s.sch010 (1) Article 13(2) (information to be provided where personal data...

s.sch010 (1) Article 14(2) (information to be provided where personal data...

s.sch010 (1) Article 15(1) (right of access by the data subject)...

s.sch010 In Article 47 (binding corporate rules), in paragraph 2(e), for...

s.sch010 (1) Article 80 (representation of data subjects) is amended as...

s.sch010 The 2018 Act

s.sch010 In section 26(2)(f) (national security and defence exemption), omit sub-paragraph...

s.sch011 The UK GDPR

s.sch011 In Article 32(3) (security of processing), for “an element by...

s.sch011 In Article 37(1)(a), after “courts” insert “and tribunals”.

s.sch011 Omit Article 59 (activity reports).

s.sch011 The 2018 Act

s.sch011 In section 3(9) (definition of “the data protection legislation”)—

s.sch011 Omit section 20 (meaning of “court” in Part 2).

s.sch011 In section 94 (data subject’s right of access under Part...

s.sch011 In section 119A(11) (standard clauses for transfers to third countries...

s.sch011 In section 124(5) (data protection and journalism code), in the...

s.sch011 (1) Section 125 (approval of codes of practice prepared by...

s.sch011 (1) Article 4(1) (interpretation) is amended as follows.

s.sch011 In section 139 (reporting to Parliament), omit subsection (2).

s.sch011 In section 161(6) (approval of first guidance about regulatory action),...

s.sch011 In section 170(2)(a) (unlawful obtaining etc of personal data), after...

s.sch011 (1) Section 171 (re-identification of de-identified personal data) is amended...

s.sch011 In section 181 (interpretation of Part 6) omit the definition...

s.sch011 In section 184(4) (prohibition of requirement to produce relevant records),...

s.sch011 In section 192(6) (approval of the Framework), after “any” insert...

s.sch011 In section 206 (index of defined expressions), in the Table,...

s.sch011 (1) Schedule 1 (special categories of personal data and criminal...

s.sch011 (1) Schedule 2 (exemptions etc from the UK GDPR) is...

s.sch011 After Article 4 insert— Periods of time (1) References in this Regulation to a period expressed in...

s.sch011 In paragraph 8(1)(b) of Schedule 8 (conditions for sensitive processing...

s.sch011 In paragraph 2(a) of Schedule 11 (other exemptions under Part...

s.sch011 Victims and Prisoners Act 2024

s.sch011 In Article 9 (processing of special categories of personal data)—...

s.sch011 In Article 12(5) (information etc to be provided free of...

s.sch011 In Article 23(1)(h) (restrictions), for “(a)” substitute “(c)”.

s.sch011 In Article 24(3) (responsibility of the controller), for “an element...

s.sch011 In Article 25(3) (data protection by design and by default),...

s.sch011 In Article 28(5) (processors), for “an element by which to...

s.sch014 Schedule 12A to the Data Protection Act 2018

s.sch014 Transitional provision: first chair

s.sch014 Transitional provision: consultation about non-executive members

s.sch014 Transitional provision: consultation about interim chief executive

s.sch015 Chapter 1 of Part 9 of the Health and Social...

s.sch015 Before section 250 insert— Powers to publish standards .

s.sch015 (1) Section 250 (powers to publish information standards) is amended...

s.sch015 After section 250 insert— Standards relating to information technology (1) An information standard relating to information technology or IT...

s.sch015 (1) Section 251 (information standards: procedure etc) is amended as...

s.sch015 After section 251 insert— Compliance with standards .

s.sch015 For the heading of section 251ZA (information standards: compliance) substitute...

s.sch015 After that section insert— Notice requesting compliance by relevant IT...

s.sch016 The Energy Act 2008 is amended as follows.

s.sch016 In the italic heading before section 88, after “meters” insert...

s.sch016 After section 91 insert— Grant of smart meter communication licences...

s.sch016 In section 104 (subordinate legislation)— (a) in subsection (1), for...

s.sch016 Gas Act 1986

s.sch016 Electricity Act 1989

s.sch016 Electricity and Gas (Competitive Tenders for Smart Meter Communication Licences) Regulations 2012

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Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.