Regulation (EU) 2016/679 of the European Parliament and of the CouncilShow full title

Article 4 U.K. Definitions

[F1 1.] For the purposes of this Regulation:

(A1) [F2 ‘the 2018 Act’ means the Data Protection Act 2018;

(A2) ‘domestic law’ means the law of the United Kingdom or of a part of the United Kingdom;

(A3) ‘the Commissioner’ means the Information Commissioner (see section 114 of the 2018 Act);]

(1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

(2) ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise m.aking available, alignment or combination, restriction, erasure or destruction;

(3) ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

(4) ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

(5) ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;

(6) ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;

(7) ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data [F3 (but see section 6 of the 2018 Act)];

(8) ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

(9) ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with [F4 domestic law]  shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

(10) ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

[F5 (10A) ‘public authority’ and ‘public body’ are to be interpreted in accordance with section 7 of the 2018 Act and provision made under that section;]

(11) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her [F6 (and see paragraphs 6 and 7 of this Article)];

(12) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

(13) ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;

(14) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;

(15) ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;

(15A) [F7 “direct marketing” means the communication (by whatever means) of advertising or marketing material which is directed to particular individuals;]

F8 (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) ‘representative’ means a natural or legal person established in [F9 the United Kingdom] who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;

(18) ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;

(19) ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;

(20) ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established [F10 in the United Kingdom] for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;

F11 (21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (21A) ‘foreign designated authority’ means an authority designated for the purposes of Article 13 of the Data Protection Convention (as defined in section 3 of the 2018 Act) by a party, other than the United Kingdom, which is bound by that Convention;]

F13 (22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(25) ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council(1)[F14 as it has effect immediately before IP completion day];

(26) ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.

[F15 (27) ‘third country’ means a country or territory outside the United Kingdom;

[F16 (28) references to fundamental rights or fundamental freedoms (however expressed) are to the Convention rights within the meaning of the Human Rights Act 1998.]]

(29) [F17 “enactment” has the same meaning as in the 2018 Act (see section 205 of that Act);

(30) “tribunal” means any tribunal in which legal proceedings may be brought.]

[F18 2. References in this Regulation to the processing of personal data for the purposes of scientific research (including references to processing for “scientific research purposes”) are references to processing for the purposes of any research that can reasonably be described as scientific, whether publicly or privately funded and whether carried out as a commercial or non-commercial activity.

3. Such references—

(a) include processing for the purposes of technological development or demonstration, fundamental research or applied research, so far as those activities can reasonably be described as scientific, but

(b) only include processing for the purposes of a study in the area of public health that can reasonably be described as scientific where the study is conducted in the public interest.

4. References in this Regulation to the processing of personal data for the purposes of historical research (including references to processing for “historical research purposes”) include processing for the purposes of genealogical research.

5. References in this Regulation to the processing of personal data for statistical purposes are references to processing for statistical surveys or for the production of statistical results where—

(a) the information that results from the processing is aggregate data that is not personal data, and

(b) the controller does not use the personal data processed, or the information that results from the processing, in support of measures or decisions with respect to a particular data subject to whom the personal data relates.]

[F19 6. A data subject’s consent is to be treated as falling within the definition of “consent” in point (11) of paragraph 1 if—

(a) it does not fall within that definition because (and only because) the consent is given to the processing of personal data for the purposes of an area of scientific research,

(b) at the time the consent is sought, it is not possible to identify fully the purposes for which personal data is to be processed,

(c) seeking consent in relation to the area of scientific research is consistent with generally recognised ethical standards relevant to the area of research, and

(d) so far as the intended purposes of the processing allow, the data subject is given the opportunity to consent only to processing for part of the research.

7. References in this Regulation to consent given for a specific purpose (however expressed) include consent described in paragraph 6.]

Textual Amendments

F1 Art. 4 renumbered as Art. 4(1) (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 67(1)(a), 142(1); S.I. 2026/82, reg. 2(a)

F2 Art. 4(A1)-(A3) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 4(7) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 4(9) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 4(10A) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 4(1)(11) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 68(2), 142(1); S.I. 2026/82, reg. 2(b)

F7 Art. 4(1)(15A) inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 11 para. 2(2); S.I. 2025/904, reg. 2(y)

F8 Art. 4(16) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(6) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 4(17) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(7) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 4(20) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(8) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 4(21) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(9) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 4(21A) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(10) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 4(22)(23)(24) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(11) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(25) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(12) (with reg. 5) (as amended by S.I. 2020/1586, regs. 1(2), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 4(27)(28) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 6(13) (with reg. 5) (as amended by S.I. 2020/1586, regs. 1(2), 4(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 4(28) substituted (31.12.2023 immediately before the end of 2023) by The Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 (S.I. 2023/1417), regs. 1(2), 2(3)

F17 Art. 4(1)(29)(30) inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 11 para. 2(3); S.I. 2025/904, reg. 2(y)

F18 Art. 4(2)-(5) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 67(1)(b), 142(1); S.I. 2026/82, reg. 2(a)

F19 Art. 4(6)(7) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 68(3), 142(1); S.I. 2026/82, reg. 2(b)

(1)

Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).