Data Protection Act 2018

Chapter VIII of the GDPR (remedies, liability and penalties) U.K.

50 U.K. In Article 77 (right to lodge a complaint with a supervisory authority)—

(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 ”.

Commencement Information

I1 Sch. 6 para. 50 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

51 U.K. In Article 78 (right to an effective judicial remedy against a supervisory authority)—

(a) omit paragraph 2;

(b) for paragraph 3 substitute—

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

(c) omit paragraph 4.

Commencement Information

I2 Sch. 6 para. 51 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

52 U.K. In Article 79 (right to an effective judicial remedy against a controller or processor), for paragraph 2 substitute—

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

Commencement Information

I3 Sch. 6 para. 52 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

53 U.K. In Article 80 (representation of data subjects)—

(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—

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

Commencement Information

I4 Sch. 6 para. 53 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

54 U.K. Omit Article 81 (suspension of proceedings).

Commencement Information

I5 Sch. 6 para. 54 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

55 U.K. In Article 82 (right to compensation and liability), for paragraph 6 substitute—

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

Commencement Information

I6 Sch. 6 para. 55 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

56 U.K. In Article 83 (general conditions for imposing administrative fines)—

(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—

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

(d) omit paragraph 9.

Commencement Information

I7 Sch. 6 para. 56 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

57 U.K. In Article 84 (penalties)—

(a) for paragraph 1 substitute—

“1 The 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.

Commencement Information

I8 Sch. 6 para. 57 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)