Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

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,...

Employee share schemes: UK data protection compliance, third‑party disclosures, international transfers and enforcement under the Data Protection Act 1998 (archived)

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Practice notes

ARCHIVED:

This archived Practice Note outlines the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998. It is provided for background information only and is not maintained.

Under the GDPR, employers are even less likely than under the Data Protection Directive (Directive 95/46/EC) to rely on employee consent as the legal basis for data processing at work. Given the significant consequences of failing to meet GDPR obligations, employers should therefore avoid using consent as a lawful condition for processing.

In most situations, the employer will instead be able to rely on the ‘legitimate interests’ basis, provided:

the processing is necessary for the employer’s legitimate interests
those interests are not overridden by the employee’s interests or fundamental rights and freedoms
the processing is proportionate and cannot be achieved by other, less intrusive means
the data processed are adequate, relevant and not excessive for the legitimate purpose
the employee has been properly informed of the nature of the processing and the purposes for which it is being...

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Web page updated on 21/05/2026

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