Section 124A Other codes of practiceF1
The F2Commission must prepare appropriate codes of practice giving guidance as to good practice in the processing of personal data if required to do so by regulations made by the Secretary of State.
Regulations under this section—
must describe the personal data or processing to which the code of practice is to relate, and
may describe the persons or classes of person to whom it is to relate.
Where a code under this section is in force, the F3Commission may prepare amendments of the code or a replacement code.
Before preparing a code or amendments under this section, the Commission must consult the Secretary of State and such of the following as the Commission considers appropriate—
trade associations;
data subjects;
persons who appear to the Commission to represent the interests of data subjects.
A code under this section may include transitional provision or savings.
Regulations under this section are subject to the negative resolution procedure.
In this section—
“good practice in the processing of personal data” means such practice in the processing of personal data as appears to the F4Commission to be desirable having regard to the interests of data subjects and others, including compliance with the requirements of the data protection legislation;
“trade association” includes a body representing controllers or processors.
Annotations
Textual amendments
- F1
S. 124A inserted (19.6.2025 for specified purposes, 20.8.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 92(2), 142(1)(2)(h); S.I. 2025/904, reg. 2(f)
- F2
Word in s. 124A(1) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F3
Word in s. 124A(3)(4) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F4
Word in s. 124A(7) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
Notes on Part 5
Textual amendments
- F1
Word in Pt. 5 heading substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
Modifications
- C1
Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))
- C2
Pt. 5 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))