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Data protection definition

What does Data protection mean? In legal practice, data protection describes the rules governing how organisations collect, use, share, retain and secure personal data, including employees’ information. In the UK this regime is set by the UK GDPR and the Data Protection Act 2018; in Ireland by the EU GDPR and the Data Protection Act 2018 (Ireland). The label is descriptive; core concepts (personal data, controller, processor, special category data) and obligations are defined in legislation. In employment, the employer is typically the controller and must identify a lawful basis (for example, contract, legal obligation or legitimate interests) and, for special category data,...

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Consent under the UK Data Protection Act 1998: definition, legal bases, explicit consent for sensitive personal data, obtaining and withdrawal, children, and EEA transfers (archived pre-GDPR)

Practice notes
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ARCHIVED: This archived Practice Note sets out key details of the data protection regime before 25 May 2018 and records the legal position under the Data Protection Act 1998 (DPA 1998). This Practice Note is provided for general background purposes only and is not currently maintained.

Background to consent

To meet the first data protection principle in the DPA 1998, as stemming from Directive 95/46/EC (the Data Protection Directive), data controllers must be able to evidence, among other things, that they have satisfied:

  • one of the conditions for processing personal data under DPA 1998, Sch 2; and
  • if the data amounts to sensitive personal data, then, in addition, one of the conditions for processing sensitive personal data under:
    • DPA 1998, Sch 3; or under
    • the Data Protection (Processing of Sensitive Personal Data) Order 2000, SI 2000/417, which sets out extra conditions permitting the processing of sensitive personal data in limited circumstances.

For more information, see: Further conditions for processing special category personal data—Data Protection Act 2018: Encyclopaedia of Forms and Precedents [126].

One of the conditions for processing personal data in DPA 1998, Sch 2 is that the individual to whom the personal data relates has...

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Web page updated on 21/05/2026

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