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Data Protection Act 2018

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This is the original version (as it was originally enacted).

Chapter I of the GDPR (general provisions)

This section has no associated Explanatory Notes

9In Article 4 (definitions)—

(a)in paragraph (7) (meaning of “controller”), for “; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law” substitute “, subject to section 6 of the 2018 Act (meaning of “controller”)”;

(b)after paragraph (7) insert—

(7A)“the 2018 Act” means the Data Protection Act 2018 as applied by section 22 of that Act and further modified by section 3 of that Act.;

(c)omit paragraph (16) (meaning of “main establishment”);

(d)omit paragraph (17) (meaning of “representative”);

(e)in paragraph (20) (meaning of “binding corporate rules”), for “on the territory of a Member State” substitute “in the United Kingdom”;

(f)in paragraph (21) (meaning of “supervisory authority”)—

(i)after “a Member State” insert “(other than the United Kingdom)”;

(ii)for “Article 51” substitute “Article 51 of the GDPR”;

(g)after paragraph (21) insert—

(21A)“the Commissioner” means the Information Commissioner (see section 114 of the 2018 Act);;

(h)omit paragraph (22) (meaning of “supervisory authority concerned”);

(i)omit paragraph (23) (meaning of “cross-border processing”);

(j)omit paragraph (24) (meaning of “relevant and reasoned objection”);

(k)after paragraph (26) insert—

(27)“the GDPR” has the meaning given in section 3(10) of the 2018 Act.

(28)“domestic law” has the meaning given in paragraph 3(3) of Schedule 6 to the 2018 Act.

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