Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Data definition

What does Data mean? In legal practice, data describes information recorded in any form—especially electronically stored information (ESI)—organised or capable of being organised for a particular purpose, and capable of being processed or transmitted. It covers structured and unstructured material such as database entries, spreadsheets, emails and messaging content, documents, images, audio/video, metadata, system logs, backups and cloud-stored content. Data is not defined in the Civil Procedure Rules of England and Wales (nor generally in equivalent court rules), which instead use the broad concept of a document as anything in which information is recorded, encompassing electronic data and metadata. Statutes define data contextually: UK GDPR...

UK criminal offences under the Data Protection Act 2018: elements, defences, sentencing, ICO powers and DUAA 2025 changes

Published by a LexisNexis Corporate Crime expert

Practice notes

PrACTice Note: Criminal offences under the Data protection Act 2018 (DPA 2018)

This Practice Note outlines the criminal offences set out in the Data Protection Act 2018 (DPA 2018). Those provisions took effect on 25 May 2018. For details of the DPA 2018’s aims and coverage, see Practice Note: The Data Protection Act 2018. The DPA 2018 repealed the Data Protection Act 1998 (DPA 1998) on 25 May 2018. However, data protection offences committed before 25 May 2018 may still be pursued under the DPA 1998 notwithstanding its repeal. For guidance on data protection and Data handling offences under the DPA 1998, see Practice Notes: Unlawfully obtaining data under the Data Protection Act 1998 [Archived] and Notification offences under the Data Protection Act 1998 [Archived]. The DPA 2018 was later amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations, SI 2019/419, replacing references to ‘GDPR’ with ‘UK GDPR’ with effect from 31 December 2020. The Data (Use and Access) Act 2025 (DUAA 2025), which obtained Royal Assent on 19 June 2025, also introduced substantial changes to the DPA 2018 and UK GDPR...

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Sam Thomas

2BR

· Sam is the Vice Chair of the Association of Disciplinary and Regulatory Lawyers (ARDL), and is the Chair of the Sports Law Practise Group. He represents professionals and regulators, primarily in the healthcare sector, in respect of disciplinary proceedings and NHS Performer and Contractor disputes, with appellant experience in the Administrative Court. · Sam’s experience in financial regulation is growing. He regularly represents The Pension Regulator (TPR) in proceedings in the First Tier Tribunal and has recently appeared in the Upper Tribunal in relation significant matters of law. Sam has provided advice to the Financial Conduct Authority (FCA). · The Police Federation have instructed Sam to defend police officers accused of police misconduct, and criminal contempt. · He regularly appears before the General Dental Council (GDC), General Optical Council (GOC), UK Council for Psychotherapy (UKCP) and the Nursing and Midwifery Council (NMC), and has advised with regard to the gamut of...

Web page updated on 22/05/2026

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