The governs most general processing of personal data in the UK and applies alongside the Data Protection Act 2018. It can also apply to an organisation outside the UK under Article 3. The Data (Use and Access) Act 2025 amendments are now in force, including changes to lawful bases, rights timing, automated decisions, transfers, cookies, and complaints. This hub gives the decision sequence and standalone answers a product, legal, privacy, security, procurement, or compliance team needs.
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These focused FAQ modules break this artifact into narrower answer sets so teams can move straight to the right source-backed guidance.
Describe the processing in concrete terms: who collects or receives which personal data, about whom, for what purpose, in which systems and countries, for how long, and with which recipients. Then classify each party as controller, joint controller, or processor for that activity. The role determines who selects the , gives privacy information, handles rights, completes DPIAs, reports breaches, and controls processors.
Choose an Article 6 before processing and make sure it fits the actual purpose. Consent is only one basis. If is used, identify both an Article 6 basis and an Article 9 condition, plus any Data Protection Act 2018 Schedule 1 condition and policy document that applies. Criminal-conviction and offence data has its own Article 10 and DPA 2018 requirements.
Record purpose, role, , data and people, sources, recipients, retention, security, transfers, rights, and owner.
Check transparency and fairness separately from whether a exists.
Use data protection by design and default throughout the processing lifecycle.
Reassess before a new purpose, dataset, model, vendor, recipient, market, or child-user journey goes live.
Binding companion legislation for UK definitions, special-category and criminal-offence conditions, exemptions, the ICO, enforcement, and separate processing regimes.
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Question 2
Which governance duties need an early decision?
Screen for a before likely high-risk processing. Article 35 always captures specified forms of significant automated evaluation, large-scale sensitive-data processing, and large-scale public monitoring; ICO guidance identifies additional high-risk operations and indicators. Consult the ICO before processing if high residual risk cannot be reduced.
Check whether a is mandatory for a public authority or body, or because core activities involve large-scale regular and systematic monitoring or large-scale special-category or criminal-offence data. Whether or not a DPO is required, assign sufficient expertise, authority, resources, and management ownership.
Maintain current Article 30 records and connect them to notices, contracts, DPIAs, transfers, retention, and security evidence.
Use written Article 28 terms and prior authorisation for sub-processors.
Keep security proportionate to risk and test confidentiality, integrity, availability, resilience, and recovery.
Give people a way to make data protection complaints, accept complaints received through other channels, acknowledge receipt within 30 days, investigate and respond without undue delay, and retain the complaint and outcome.
Document decisions, control operation, exceptions, approvals, and review triggers rather than policy wording alone.
Current ICO summary of the complaint process and 30-day acknowledgement requirement, and confirmation that all DUAA data-protection provisions are in force.
Current regulator guidance on complaint intake, acknowledgement, investigation, progress, outcome, and records.
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Question 3
How should teams handle rights, children, and automated decisions?
Give Article 13 privacy information when personal data is obtained from the person. For data from another source, Article 14 generally requires information within a reasonable period and no later than one month, but earlier deadlines apply at the first communication with the person or before the first disclosure. Check the stated exceptions rather than treating one month as universal.
Respond to rights requests without undue delay and within the Article 12A period. The one-month clock starts at the latest of receipt, receipt of reasonably requested identity information, or payment of a permitted fee. It can be extended by two months for complexity or number; only an access request has the separate clarification pause. For significant decisions without meaningful human involvement, current Articles 22A to 22C require information, representation, human-intervention, and contest safeguards and impose extra restrictions for special-category processing and recognised legitimate interests.
Treat the Children's Code as an under-18 online-design framework, distinct from the age-13 consent rule for information society services offered directly to a child.
Use concise, intelligible, accessible language, with child-appropriate presentation where relevant.
Verify identity proportionately and search for responsive personal data across the systems and processors in scope.
Make human review meaningful: the reviewer needs information, time, authority, and freedom to change the automated outcome.
What are the main incident and international-transfer decisions?
For a , record when the controller became aware and assess risk to people. Notify the ICO unless the breach is unlikely to result in risk, without undue delay and, where feasible, within 72 hours. Tell affected people without undue delay when high risk is likely and no Article 34 exception applies. Document every personal data breach.
For an international disclosure or remote access, first decide whether it is a . Check current UK adequacy regulations. If none covers the transfer, use an Article 46 safeguard and complete the data protection test, which the ICO still calls a TRA, or rely on a specific Article 49 exception where its conditions are met.
Keep processor escalation separate from the controller's ICO and individual-notification decisions.
Do not wait for a complete investigation before making a required phased breach report.
Check partial adequacy conditions for the recipient, sector, data, and transfer rather than relying on the country name.
Do not treat signed transfer clauses as sufficient without the data protection test and necessary supplementary protections.
Current ICO guidance hub for restricted transfers, adequacy, safeguards, the data protection test, and exceptions.
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Question 5
Questions and answers
Which should we use first?
Choose the Article 6 basis that fits the specific purpose and facts; there is no universal first choice. Document why the processing meets every condition of that basis before it starts. If special-category or criminal-offence data is involved, add the separate and Data Protection Act 2018 condition.
How quickly must we report a ?
A controller must notify the ICO without undue delay and, where feasible, within 72 hours after awareness unless the breach is unlikely to result in risk to people's rights and freedoms. Give available information in phases if necessary, explain delay beyond 72 hours, assess the separate high-risk test for telling people, and document every breach.
When must privacy information be given for data from another source?
Give it within a reasonable period and no later than one month after obtaining the data, taking account of the circumstances. If you communicate with the person sooner, give it by the first communication; if you disclose the data sooner, give it by the first disclosure. Article 14 contains exceptions that require a fact-specific assessment.
Is 13 the scope age for the Children's Code?
No. Age 13 is the UK threshold in the Article 8 consent rule for an information society service offered directly to a child. The Children's Code addresses relevant online services likely to be accessed by children under 18. A other than consent does not remove the code's design and best-interests analysis.
Does the apply to an organisation outside the UK?
It can. Article 3 applies the to processing in the context of a UK establishment and can also reach an organisation outside the UK when it offers goods or services to people in the UK or monitors their behaviour in the UK. Mere website accessibility is not enough by itself. An overseas organisation should record the territorial facts, check whether a UK representative is required, and separately assess EU GDPR or other local law.
When does the one-month rights-request clock start?
Under Article 12A, the one-month period begins at the latest of the date the controller receives the request, receives additional identity information reasonably requested under Article 12(6), or receives a permitted fee. A controller may extend by two further months where complexity or the number of requests makes that necessary, but it must notify the person within the first month and explain the delay. Clarification pauses the clock only for an access request and only where further information is reasonably needed to identify the requested information or processing.
Do we need both a and a ?
The tests are separate. Complete a before processing likely to result in high risk to people's rights and freedoms. Appoint a only when Article 37's public-authority, large-scale monitoring, or large-scale sensitive-data core-activity test applies, although an organisation may appoint one voluntarily. A project can require a DPIA when the organisation has no DPO, and a DPO appointment does not make the DPO responsible for the controller's processing decision.
Does a contract decide whether a supplier is a processor?
No. Classify the supplier for each processing activity by who actually determines the purpose and essential means. A supplier acting only on documented customer instructions is a processor; one deciding its own purpose and essential means is a controller for that use; parties deciding them together may be joint controllers. Align the agreement with that factual result and reopen it when product features, analytics, fraud controls, or data uses change.
Do analytics cookies still require consent?
Some do and some do not. The statistical-purposes exception can cover storage or access used solely to collect aggregate statistics about use of the operator's service or website with a view to improving it, provided users receive clear information and a simple, free way to object. It does not cover individual tracking, profiling, advertising measurement, cross-service monitoring, or a provider reusing data for its own purposes. Obtain valid consent before any non-exempt storage or access begins.
What must an organisation do with a data protection complaint?
Give people a way to make a data protection complaint. A form, email address, phone line, portal, chat, or in-person route can support the process, but people do not have to use the preferred channel and the organisation must accept complaints received another way. Acknowledge receipt within 30 days, make appropriate enquiries, keep the person informed, and tell them the outcome without undue delay. Handle any rights request in the same message under its separate statutory clock.
Binding UK companion Act for conditions, exemptions, ICO powers, enforcement, and separate regimes.
Binding companion legislation for UK definitions, special-category and criminal-offence conditions, exemptions, the ICO, enforcement, and separate processing regimes.
Current ICO overview, updated 19 June 2026, confirming that all data-protection provisions are in force and linking the current operational guidance.
Current ICO summary of the complaint process and 30-day acknowledgement requirement, and confirmation that all DUAA data-protection provisions are in force.