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 controller–processor breach terms under the UK GDPR: processor‑to‑controller notifications, suspected incidents, confidentiality, co‑operation, and controller communications to data subjects

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Practice notes

This Practice Note forms part of the Data protection Negotiation Guide (the Guide). This segment of the Guide considers negotiating terms on notifying data subjects of breaches within controller–processor contracts governed by the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). For an overview of the Guide, consult Practice Note: Data protection negotiation guide—controller: processor—introduction. This Practice Note uses certain standard abbreviations. Their meanings are set out separately in the introduction referenced above. For ease of reference within that introductory material.

As explained in Practice Note: Data protection negotiation guide—controller: processor—introduction:

the parties may commercially decide how to apportion the Costs and expenses of carrying out these duties between them
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 centres on the position under the UK GDPR. For details on the background to the UK GDPR and its connection with the EU GDPR, see Practice Note: The UK General Data Protection Regulation (UK GDPR)—Summary of key legislation
guidance issued by the EDPB on comparable EU GDPR provisions continues to be helpful when construing the UK GDPR, especially where ICO guidance is less...

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Web page updated on 21/05/2026

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