Artifact GuideUKSenior Manager Liability

UK Online Safety Act Senior Manager Liability

Section 110 can make an individual named in an Ofcom information-notice response personally liable when the entity commits a specified information offence and the individual failed to take all reasonable steps to prevent it.

It does not impose automatic liability for every breach of an online-safety duty. Section 202 separately covers corporate officers where an entity offence involved their consent, connivance, or neglect.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 24, 2026
Questions
4

Structured answer sets in this page tree.

Primary sources
10

Cited legal and guidance references.

Publication metadata
Sorena AI
Published May 9, 2026
Updated Jul 24, 2026
Overview

Personal liability under section 110 requires three things: Ofcom required the entity to name a senior manager in an , the entity committed one of the listed information offences, and the individual failed to take to prevent it. A breach of another Online Safety Act duty does not by itself meet that test. A separate section 202 route can apply to a where consent, connivance, or neglect is proved.

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4 of 4 questions
Question 1

When can section 110 apply?

Ofcom may include a requirement in an for an entity to name one individual who meets the section 103 senior-manager test and can reasonably be expected to ensure compliance. The notice must also require the entity to inform the individual and explain the consequences of non-compliance. Naming happens in the entity's response; assigning an executive internally before a notice arrives is useful preparation but is not the statutory trigger.

Section 110 covers failure to prevent specified entity offences under section 109. These include failing to comply with the notice; knowingly or recklessly providing information that is false in a material particular; intentionally supplying encrypted information in a form that prevents Ofcom from understanding it; intentionally suppressing, destroying, or altering required information or documents; and intentional deletion or alteration of information that a data-preservation notice requires the entity to retain for an official investigation into a child's death. The precise intent and other elements in section 109 must be proved for the relevant route.

The entity must commit the underlying offence and the named individual must have failed to take to prevent it. Section 110 therefore addresses information governance and evidence handling. A failure to meet an unrelated safety duty does not by itself establish the offence.

  • Authenticate the notice, recipient entity, legal power, covered service, questions, deadline, response format, preservation scope, and naming requirement.
  • Name an individual who meets section 103 and has enough authority, access, time, and organisational support to direct the response.
  • Issue written collection and preservation instructions, identify systems and data owners, and suspend routine deletion where retention is required.
  • Verify completeness, material accuracy, calculations, explanations, encryption usability, approvals, and delivery before the deadline.
Citations
Online Safety Act 2023 section 109

Binding elements of the entity and individual offences connected with information notices, including non-compliance, false information, encryption, destruction, alteration, and data preservation.

Question 2

Which defences and separate liability routes matter?

Section 110 contains specific defences. For the failure-to-comply route, it is a defence that the person held the relevant senior-manager role for such a short time after the notice was given that they could not reasonably have been expected to prevent the entity's offence. For the false-information, encryption, destruction, alteration, and data-preservation routes, it is a defence that the person was not a section 103 senior manager when the relevant act occurred. For every section 110 route, lack of knowledge that the person had been named is a defence.

Section 201 addresses the burden once sufficient evidence raises one of these statutory defences: the court must assume the defence is satisfied unless the prosecution proves otherwise beyond reasonable doubt. Whether a defence succeeds depends on the evidence and should be assessed by qualified counsel.

Section 202 is separate. If an entity commits an offence and it was committed with a 's consent or connivance, or was attributable to the officer's neglect, the officer also commits the offence. This route does not depend on an Ofcom requirement to name a senior manager.

  • Analyse section 110 and section 202 separately because they cover different people, triggers, and legal tests.
  • Record when the individual learned of the naming, when they met the role test, and what authority and time they had.
  • Preserve contemporaneous instructions, decisions, challenges, corrections, escalations, and unresolved limitations.
  • Do not rewrite records after the event or treat a policy, board minute, or attestation as proof that every reasonable step was taken.
Citations
Question 3

What evidence should the response process keep?

Treat the as a controlled legal and evidence process. Maintain a live requirements matrix, give the named individual authority to direct business and technical teams, and escalate immediately when a requirement cannot be met as written or on time.

The response record should cover information held by vendors and overseas teams, data lineage, calculation methods, samples, source preservation, and whether Ofcom can understand any encrypted material. For a data-preservation notice, document how the hold prevents both deliberate alteration and routine irreversible deletion for the required period.

Evidence should show what the manager did, when, with what information, and how the team addressed problems. It cannot determine by itself whether were taken; that conclusion depends on the full facts.

  • Requirements matrix: each question or retention requirement, owner, source system, response format, reviewer, status, and deadline.
  • Preservation record: systems, custodians, vendors, backups, automated deletion, hold start, verification, exceptions, and release authority.
  • Accuracy record: source-to-answer trace, calculation method, material assumptions, known gaps, technical validation, legal review, and approval.
  • Escalation record: blocker, impact, options, decision-maker, contact with Ofcom where appropriate, remediation, and closure evidence.
Citations
Question 4

Common questions about Senior Manager Liability

The answers below separate the statutory trigger from useful governance. They explain the general law, not whether an offence or defence is proved in a particular case.

  • Escalate immediately if the entity, notice requirement, deadline, data source, preservation scope, accuracy, or authority to direct the response is unclear.
  • Obtain case-specific legal advice before making a personal-liability conclusion.

Can a senior manager be liable for any Online Safety Act breach?

No. Section 110 is limited to an individual named in response to an Ofcom , an underlying entity offence listed in section 110, and failure by that individual to take to prevent it. Section 202 is a separate route for an entity offence involving a 's consent, connivance, or neglect. Neither provision creates automatic personal liability for every breach of a safety duty.

Does Ofcom have to name the senior manager?

No. Ofcom can require the entity, through an , to name an individual who meets the section 103 role test and can reasonably be expected to ensure compliance. The entity names the person in its response and must inform that person when the notice requires it.

Does a board title or compliance policy prove ?

No. The Act does not provide a closed checklist, and the answer depends on the notice, underlying offence, role, authority, time, systems, and actions taken. Keep contemporaneous evidence of instructions, preservation, verification, escalation, correction, and blockers. A title, policy, or attestation is only part of that factual record.

What should a do first after receiving notice?

Confirm the recipient entity, legal power, full requirements, deadline, response format, preservation obligations, and responsible data owners. Establish a requirements matrix, issue collection and preservation instructions, assign legal and technical review, and escalate any inability to comply or any suspected inaccuracy immediately.

Citations
Primary sources

References and citations

ofcom.org.uk
Referenced sections
  • Current official guidance on statutory information requests, naming, completeness and accuracy, information offences, reasonable steps, and data-preservation notices.
legislation.gov.uk
Referenced sections
  • Binding source for information notices, information offences, named-senior-manager liability, statutory defences, and corporate-officer liability.
legislation.gov.uk
Referenced sections
  • Binding elements of the entity and individual offences connected with information notices, including non-compliance, false information, encryption, destruction, alteration, and data preservation.
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