UK GDPR and Data Protection Act 2018 for insolvency practitioners: practical compliance checklist for office-holders and advisers

Published by a LexisNexis Restructuring & Insolvency expert

Checklists

The general (that is, not linked to specialist fields such as law enforcement) data protection laws in the UK consist of:

Assimilated Regulation (EU) 2016/679 — the UK General Data Protection Regulation (UK GDPR), a version of Regulation (EU) 2016/679 (EU GDPR) incorporated into UK law following Brexit;
the relevant provisions of the Data Protection Act 2018 covering general personal data processing, the powers of the Information Commissioner, and sanctions and enforcement.

For further detail, see Practice Note: The UK General Data Protection Regulation (UK GDPR).

UK GDPR

The UK GDPR sets requirements for anyone who processes personal data—covering both data controllers and data processors. An Insolvency Practitioner (IP) may act in either or both capacities.

Their duties stem both from their formal appointments and from any position they hold within an organisation.

In the former context, they will handle data controlled by the insolvent individual or entity, as well as information they obtain during the course of the appointment.

For more on how the UK GDPR applies to insolvency professionals, see Practice Note: Practical aspects of the UK General Data Protection Regulation for insolvency professionals...

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Patrick Elliot

Keystone Law

Patrick heads up Cubism's Corporate Recovery and Insolvency group. He has over 10 years' experience of working in CRI and almost 20 years' experience as a litigator advising on commercial, financial, intellectual property and data privacy matters. His work encompasses formal processes - administrations, liquidations, voluntary arrangements - and their interaction with Chapter 11 and international legislation; litigation arising from insolvency ' undoing antecedent transactions, tracing assets and enforcement; and advising insolvent businesses, their boards and individuals. Patrick has regularly acted for the creditors of failed institutional, financial and professional services businesses and his work has included numerous cross-border matters. He has significant experience of advising on EU and International insolvency legislation and has successfully taken a leading case on international enforcement to the Supreme Court. Selected key work has included advising multiple creditors of Lehman; Eurofinance in Rubin v...

Web page updated on 20/05/2026

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