Search Legislation

Data Protection Act 1998

Status:

This is the original version (as it was originally enacted).

5Application of Act

(1)Except as otherwise provided by or under section 54, this Act applies to a data controller in respect of any data only if—

(a)the data controller is established in the United Kingdom and the data are processed in the context of that establishment, or

(b)the data controller is established neither in the United Kingdom nor in any other EEA State but uses equipment in the United Kingdom for processing the data otherwise than for the purposes of transit through the United Kingdom.

(2)A data controller falling within subsection (1)(b) must nominate for the purposes of this Act a representative established in the United Kingdom.

(3)For the purposes of subsections (1) and (2), each of the following is to be treated as established in the United Kingdom—

(a)an individual who is ordinarily resident in the United Kingdom,

(b)a body incorporated under the law of, or of any part of, the United Kingdom,

(c)a partnership or other unincorporated association formed under the law of any part of the United Kingdom, and

(d)any person who does not fall within paragraph (a), (b) or (c) but maintains in the United Kingdom—

(i)an office, branch or agency through which he carries on any activity, or

(ii)a regular practice;

and the reference to establishment in any other EEA State has a corresponding meaning.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources