Part 5 Data protection and privacy

Chapter 1 Data protection

Enforcement

105 Consequential amendments to the EITSET Regulations
(1) Schedule 2 to the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696) (Commissioner’s enforcement powers) is amended as follows.
(2) In paragraph 1 (provisions of the 2018 Act applied for enforcement purposes)—
(a) after paragraph (g) insert—

“(ga) section 146A (assessment notices: approval of person to prepare report etc);”

, and
(b) after paragraph (i) insert—

“(ia) section 148A (interview notices);
(ib) section 148B (interview notices: restrictions);
(ic) section 148C (false statements made in response to interview notices);”.

(3) In paragraph 4(2) (modification of section 143 (information notices: restrictions))—
(a) in paragraph (b), for “or 148” substitute “, 148 or 148C”, and
(b) in paragraph (c), after “148” insert “or 148C”.
(4) In paragraph 6 (modification of section 146 (assessment notices)), in sub-paragraph (2)—
(a) for paragraph (b) substitute—

“(b) subsection (2) has effect as if—
(i) for “controller or processor” there were substituted “trust service provider”;
(ii) paragraphs (h) and (i) were omitted;”,

(b) in paragraph (c), for “subsections (7), (8), (9) and (10)” substitute “subsections (3A), (7), (8), (9), (10) and (11A)”, and
(c) in paragraph (d), for “or 148” substitute “, 148 or 148C”.
(5) After paragraph 6 insert—

“Modification of section 146A (assessment notices: approval of person to prepare report etc)
6A Section 146A has effect as if for “controller or processor” (in each place) there were substituted “trust service provider”.”

(6) After paragraph 7 insert—

“Modification of section 148A (interview notices)
7A Section 148A has effect as if—
(a) in subsection (1)—
(i) for “controller or processor” there were substituted “trust service provider”;
(ii) in paragraph (a), for “as described in section 149(2)” there were substituted “to comply with the eIDAS requirements”;
(iii) in paragraph (b), for “this Act” there were substituted “section 144, 148 or 148C or paragraph 15 of Schedule 15”;
(b) in subsection (3), for “controller or processor” (in each place) there were substituted “trust service provider”.

Modification of section 148B (interview notices: restrictions)
7B (1) Section 148B has effect as if subsections (8) and (9) were omitted.
(2) In that section—
(a) subsections (2)(b) and (3)(b) have effect as if for “the data protection legislation” there were substituted “the eIDAS Regulation or the EITSET Regulations”;
(b) subsection (6)(a) has effect as if for “this Act” there were substituted “section 144, 148 or 148C or paragraph 15 of Schedule 15”;
(c) subsection (7) has effect as if for “this Act (other than an offence under section 148C)” there were substituted “section 144 or 148 or paragraph 15 of Schedule 15”.”

(7) In paragraph 12 (modification of Schedule 15 (powers of entry and inspection)), in sub-paragraph (2), in the substituted paragraph (a), for “or 148” substitute “, 148 or 148C”.
(8) In paragraph 13 (modification of section 155 (penalty notices)), in sub-paragraph (3)(c), for “for “data subjects”” there were substituted “for the words from “data subjects” to the end”.
(9) Omit paragraph 21 (modification of section 182 (regulations and consultation)) and the heading before it.
(10) In paragraph 22 (modification of section 196 (penalties for offences)), in sub-paragraph (2)(b)—
(a) after “148”, in the first place it occurs, insert “, 148C”, and
(b) for “or 148” substitute “, 148 or 148C”.

S. 105 not in force at Royal Assent, see s. 142(1)