The Privacy and Electronic Communications (EC Directive) Regulations 2003

[F1 Modifications of secondary legislation U.K.

Textual Amendments

F1 Sch. 1 paras. 12, 13 and cross-heading inserted (17.12.2018) by The Privacy and Electronic Communications (Amendment) Regulations 2018 (S.I. 2018/1189), regs. 1, 2(4)

Modification of the Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010 U.K.

12.— (1) The Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010 are extended for the purposes of these Regulations and have effect subject to the following modifications.

(2) Regulation 1 applies as if in paragraph (2), at the end, there were inserted “as modified by regulation 31(1) of, and Schedule 1 to, the Privacy and Electronic Communications (EC Directive) Regulations 2003”.

(3) Regulation 3 (notices of intent) applies as if—

(a) in paragraph (a) for “data controller” there were substituted “person”;

(b) paragraph (b)(i) were omitted;

(c) for paragraph (b)(ii) there were substituted—

“(ii) the nature of the contravention of the Privacy and Electronic Communications (EC Directive) Regulations 2003,”; and

(d) in a case where paragraph 8AA of Schedule 1 to the Privacy and Electronic Communications (EC Directive) Regulations 2003 applies—

(i) paragraph (b)(iv) were omitted, and

(ii) after paragraph (v) there were inserted—

“(vi) if the notice is served on an officer of a body, the reason the Commissioner considers that the officer has responsibility for the contravention.”.

(4) Regulation 4 (monetary penalty notices) applies as if—

(a) in paragraphs (a), (b) and (g) for “data controller” there were substituted “person”;

(b) paragraph (d)(i) were omitted;

(c) for paragraph (d)(ii) there were substituted—

“(ii) the nature of the contravention of the Privacy and Electronic Communications (EC Directive) Regulations 2003,”; and

(d) in a case where paragraph 8AA of Schedule 1 to the Privacy and Electronic Communications Regulations 2003 applies—

(i) paragraph (d)(iv) were omitted, and

(ii) after paragraph (d)(v) there were inserted—

“(vi) if the notice is served on an officer of a body, the reason the Commissioner considers that the officer has responsibility for the contravention;”.

Modification of the Data Protection (Monetary Penalties) Order 2010 U.K.

13.— (1) The Data Protection (Monetary Penalties) Order 2010 is extended and has effect for the purposes of these Regulations subject to the following modifications.

(2) Article 1(2) (interpretation) applies as if at the end there were inserted “as modified by regulation 31(1) of, and Schedule 1 to, the Privacy and Electronic Communications (EC Directive) Regulations 2003”.

(3) Article 5(2) (monetary penalty notices: cancellation) applies as if after “take any further action” there were inserted “against the person on whom that notice was served”.

(4) Article 6(c) (monetary penalty notices: enforcement) applies as if for “data controller” there were substituted “person on whom the notice is served.]