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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,...

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Historic notification offences under the Data Protection Act 1998 (pre‑25 May 2018): elements, exemptions, defences, corporate liability and sentencing

Practice notes
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Archived: This Practice Note has been archived and is not maintained. It is intended for situations where a notification offence arose before 25 May 2018. If a notification offence occurred prior to 25 May 2018, it may still be prosecuted under the Data protection Act 1998, notwithstanding that the legislation has been repealed. Notification offences under the DPA 1998 cannot be committed after 25 May 2018. The Data Protection Act 2018 (DPA 2018) contains no corresponding notification offences, so any such offence could only have been committed historically, before 25 May 2018 when the DPA 1998 was in force. For information on the data protection offences created by the DPA 2018, see Practice Note: Offences under the Data Protection Act 2018.

Notification required under the Data Protection Act 1998

Note that these offences cannot be committed after 25 May 2018.

  • Failure to notify the Information Commissioner — under the DPA 1998, data controllers who processed Personal data were required to register their processing with the Information Commissioner for the purposes of the register maintained by the ICO...
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Dan Hyde
Professor Dan Hyde

Professor Dan Hyde writes, lectures and practises innovative law. A pioneer of the law as it applies to emerging tech he is a leading cybersecurity lawyer and advised the Law Commission on its recent review of cybersecurity and data protection law in the UK. He delivers talks around the World, is a Visiting Professor of Law at Queen Mary, University of London and authored the first UK published books on cybersecurity law and the international regulation and challenges of cryptocurrency and blockchain. He is a partner at Harrison Clark Rickerbys and has been instructed in a number of high profile, ground breaking cases which frequently involve elements of cyber and emerging tech.An Officer of the International Bar Association he has been described by the Legal 500 as “a lawyer of the highest calibre”. Dan's commentaries have broadcast on national and...

Web page updated on 21/05/2026

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