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Data Protection Act 2018

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  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

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There are currently no known outstanding effects for the Data Protection Act 2018, Cross Heading: Chapter VIII of the GDPR (remedies, liability and penalties). Help about Changes to Legislation

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Prospective

Chapter VIII of the GDPR (remedies, liability and penalties)E+W+S+N.I.

50In Article 77 (right to lodge a complaint with a supervisory authority)—E+W+S+N.I.

(a)in paragraph 1, omit “in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement”;

(b)in paragraph 2, for “The supervisory authority with which the complaint has been lodged” substitute “ The Commissioner ”.

51In Article 78 (right to an effective judicial remedy against a supervisory authority)—E+W+S+N.I.

(a)omit paragraph 2;

(b)for paragraph 3 substitute—

3Proceedings against the Commissioner are to be brought before a court in the United Kingdom.;

(c)omit paragraph 4.

52In Article 79 (right to an effective judicial remedy against a controller or processor), for paragraph 2 substitute—E+W+S+N.I.

2Proceedings against a controller or a processor are to be brought before a court (see section 180 of the 2018 Act).

53In Article 80 (representation of data subjects)—E+W+S+N.I.

(a)in paragraph 1, omit “where provided for by Member State law”;

(b)in paragraph 2, for “Member States” substitute “ The Secretary of State ”;

(c)after that paragraph insert—

3The power under paragraph 2 may only be exercised by making regulations under section 190 of the 2018 Act.

54Omit Article 81 (suspension of proceedings).E+W+S+N.I.

55In Article 82 (right to compensation and liability), for paragraph 6 substitute—E+W+S+N.I.

6Proceedings for exercising the right to receive compensation are to be brought before a court (see section 180 of the 2018 Act).

56In Article 83 (general conditions for imposing administrative fines)—E+W+S+N.I.

(a)in paragraph 5, in point (d), for “pursuant to Member State law adopted under Chapter IX” substitute “ under Part 5 or 6 of Schedule 2 to the 2018 Act or under regulations made under section 16 of that Act ”;

(b)in paragraph 7—

(i)for “each Member State” substitute “ the Secretary of State ”;

(ii)for “that Member State” substitute “ the United Kingdom ”;

(c)for paragraph 8 substitute—

8Section 115(9) of the 2018 Act makes provision about the exercise of the Commissioner's powers under this Article.;

(d)omit paragraph 9.

57In Article 84 (penalties)—E+W+S+N.I.

(a)for paragraph 1 substitute—

1The rules on other penalties applicable to infringements of this Regulation are set out in the 2018 Act (see in particular Part 6 (enforcement)).;

(b)omit paragraph 2.

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