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Data Protection Act 2018, Section 157 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In relation to an infringement of a provision of the [F1UK GDPR], the maximum amount of the penalty that may be imposed by a penalty notice is—
(a)the amount specified in Article 83 of the [F1UK GDPR], or
(b)if an amount is not specified there, the standard maximum amount.
(2)In relation to an infringement of a provision of Part 3 of this Act, the maximum amount of the penalty that may be imposed by a penalty notice is—
(a)in relation to a failure to comply with section 35, 36, 37, 38(1), 39(1), 40, 44, 45, 46, 47, 48, 49, 52, 53, 73, F2... 75, 76, 77 or 78, the higher maximum amount, and
(b)otherwise, the standard maximum amount.
(3)In relation to an infringement of a provision of Part 4 of this Act, the maximum amount of the penalty that may be imposed by a penalty notice is—
(a)in relation to a failure to comply with section 86, 87, 88, 89, 90, 91, 93, 94, 100 or 109, the higher maximum amount, and
(b)otherwise, the standard maximum amount.
(4)In relation to a failure to comply with an information notice, an assessment notice or an enforcement notice, the maximum amount of the penalty that may be imposed by a penalty notice is the higher maximum amount.
(5)The “higher maximum amount” is—
(a)in the case of an undertaking, [F3£17,500,000] or 4% of the undertaking's total annual worldwide turnover in the preceding financial year, whichever is higher, or
(b)in any other case, [F3£17,500,000].
(6)The “standard maximum amount” is—
(a)in the case of an undertaking, [F4£8,700,000] or 2% of the undertaking's total annual worldwide turnover in the preceding financial year, whichever is higher, or
(b)in any other case, [F4£8,700,000].
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 157(1) 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. 2 para. 64(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in s. 157(2)(a) 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. 2 para. 64(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Sum in s. 157(5) 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. 2 para. 64(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Sum in s. 157(6) 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. 2 para. 64(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F5S. 157(7) 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. 2 para. 64(6) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
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