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

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation) (Text with EEA relevance)

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CHAPTER VIU.K.[F1The [F2Commission]]

Section 1U.K.Independent status

Article 51U.K.[F3Monitoring the application of this Regulation]

1.[F4The [F5Commission] is] responsible for monitoring the application of this Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data F6... .

F72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Textual Amendments

Article 52U.K.Independence

1.[F8The [F9Commission]] shall act with complete independence in performing F10... tasks and exercising F10... powers in accordance with this Regulation.

2.[F11The [F9Commission]] shall, in the performance of F12... tasks and exercise of F12... powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody.

3.[F13The [F9Commission]] shall refrain from any action incompatible with [F14the [F9Commission's] duties] and [F15its members shall refrain from any action incompatible with the Commission’s duties.]

F164.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F166.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Article 53U.K.General conditions for the members of the supervisory authority

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Textual Amendments

F18Article 54U.K.Rules on the establishment of the supervisory authority

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Textual Amendments

Section 2U.K.[F19Tasks] and powers

F20Article 55U.K.Competence

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Textual Amendments

F21Article 56U.K.Competence of the lead supervisory authority

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Textual Amendments

Article 57U.K.Tasks

1.Without prejudice to other tasks set out under this Regulation, [F22the [F23Commission] must]:

(a)monitor and enforce the application of this Regulation;

(b)promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention;

(c)advise [F24Parliament], the government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms with regard to processing;

(d)promote the awareness of controllers and processors of their obligations under this Regulation;

(e)upon request, provide information to any data subject concerning the exercise of their rights under this Regulation and, if appropriate, cooperate with [F25foreign designated authorities] to that end;

F26(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)conduct investigations on the application of this Regulation, including on the basis of information received from [F28a foreign designated authority] or other public authority;

(i)monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices;

(j)adopt standard contractual clauses referred to in Article 28(8) and [F29issue standard data protection clauses referred to] in point (d) of Article 46(2);

(k)establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);

(l)give advice on the processing operations referred to in Article 36(2);

(m)encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct F30... pursuant to Article 40(5);

(n)encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);

(o)where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);

[F31(oa)maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of controllers or processors established in third countries and certified pursuant to Article 42(7);]

[X1(p) draft and publish the requirements for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;]

(q)conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;

(r)authorise contractual clauses and provisions referred to in Article 46(3);

(s)approve binding corporate rules pursuant to Article 47;

[F32(sa)provide authorisation required under regulations made under Article 47A;]

F33(t). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(u)keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and

(v)fulfil any other tasks related to the protection of personal data.

F342.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The performance of [F35the [F36Commission's] tasks is to be] free of charge for the data subject and, where applicable, for the data protection officer.

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Editorial Information

Textual Amendments

F26Art. 57(1)(f) omitted (19.6.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 103(5)(a), 142(1); S.I. 2026/82, reg. 3(a) (with reg. 7)

F30Words in Art. 57(1)(m) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 8(a) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)

F34Art. 57(2) omitted (19.6.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 103(5)(b), 142(1); S.I. 2026/82, reg. 3(a) (with reg. 7)

Article 58U.K.Powers

1.[F38The [F39Commission] has] all of the following investigative powers:

(a)to order the controller and the processor, and, where applicable, the controller's or the processor's representative to provide any information it requires for the performance of its tasks;

(b)to carry out investigations in the form of data protection audits;

(c)to carry out a review on certifications issued pursuant to Article 42(7);

(d)to notify the controller or the processor of an alleged infringement of this Regulation;

(e)to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of [F40the [F39Commission's]] tasks;

(f)to obtain access to any premises of the controller and the processor, including to any data processing equipment and means, in accordance with [F41domestic law].

2.[F42The [F39Commission] has] all of the following corrective powers:

(a)to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of this Regulation;

(b)to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation;

(c)to order the controller or the processor to comply with the data subject's requests to exercise his or her rights pursuant to this Regulation;

(d)to order the controller or processor to bring processing operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period;

(e)to order the controller to communicate a personal data breach to the data subject;

(f)to impose a temporary or definitive limitation including a ban on processing;

(g)to order the rectification or erasure of personal data or restriction of processing pursuant to Articles 16, 17 and 18 and the notification of such actions to recipients to whom the personal data have been disclosed pursuant to Article 17(2) and Article 19;

(h)to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Articles 42 and 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met;

(i)to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case;

(j)to order the suspension of data flows to a recipient in a third country or to an international organisation.

3.[F43The [F39Commission] has] all of the following authorisation and advisory powers:

(a)to advise the controller in accordance with the prior consultation procedure referred to in Article 36;

(b)to issue, on [F44the [F39Commission's]] own initiative or on request, opinions to [F45Parliament, the government or] other institutions and bodies as well as to the public on any issue related to the protection of personal data;

F46(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);

(e)to accredit certification bodies pursuant to Article 43;

(f)to issue certifications and approve criteria of certification in accordance with Article 42(5);

(g)to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2);

(h)to authorise contractual clauses referred to in point (a) of Article 46(3);

(i)to authorise administrative arrangements referred to in point (b) of Article 46(3);

(j)to approve binding corporate rules pursuant to Article 47.

[F47(k)to provide authorisation required under regulations made under Article 47A]

[F483A.In the 2018 Act, section 115(4) to (9) provide that the [F39Commission's] functions under this Article are subject to certain safeguards.]

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Textual Amendments

F50Article 59U.K.Activity reports

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Textual Amendments

Textual Amendments

Textual Amendments

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