Jurisdiction(s):
United Kingdom

GDPR compliance for unincorporated associations in the UK: controllers, processors, ICO fees and personal enforcement risks

Published on: 12 July 2018

Published by a LexisNexis Information Law expert

Legal News

Article summary

Does the GDPR apply to unincorporated associations, such as sports clubs, and who is responsible for compliance by an unincorporated association with the GDPR? Who is ‘controller’ or ‘processor’?

Yes—the General Data Protection Regulation, Regulation (EU) 2016/679, applies to unincorporated associations in the same way it applies to companies or partnerships. The GDPR’s definitions of a ‘controller’ and a ‘processor’ encompass both natural persons and legal persons. The challenge for unincorporated associations is that they are not legal persons. They have no separate legal personality; they exist by contract, and neither statute nor case law sets out clear, definitive rules for what their governing provisions must contain. What truly matters under the GDPR is not the category of person or entity undertaking the processing, but the overall activity of collecting and using personal data. The rationale is straightforward: the law should not be capable of being avoided, and there must always be an accountable individual or body answerable to data subjects. In that respect, there is no distinction. Determining responsibility...

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