Jurisdiction(s):
United Kingdom

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,...

Negotiating DPIA assistance in controller–processor contracts under the UK GDPR: obligations, scope, reasonableness and cost allocation

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Practice notes

This Practice Note sits within, and complements, the data protection Negotiation Guide (the Guide). This section of the Guide covers negotiating clauses concerning data protection impact assessments (DPIAs) in controller–processor contracts entered into under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR).

For an overview of the Guide, please see Practice Note: Data protection negotiation guide—controller: processor—introduction. This Practice Note employs several standard abbreviations, each defined separately in the introduction cited above for ease. As set out in Practice Note: Data protection negotiation guide—controller: processor—introduction:

the parties may commercially apportion the costs and expenses of fulfilling these obligations between themselves as they deem appropriate
there are notable parallels between the UK GDPR and the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), and the Guide concentrates on the position under the UK GDPR

For further background on the UK GDPR and how it relates to the EU GDPR, see Practice Note: The UK General Data Protection Regulation (UK GDPR)—Summary of key legislation

Summary of mandatory contractual terms

The contract must oblige the processor to support the controller in meeting the controller’s obligations under Article 35 of the UK GDPR, as applicable here today...

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Web page updated on 21/05/2026

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