OpenLegislation

Paragraph 15 Modification of section 155 (penalty notices)F1

Section 155 has effect as if—

(a)

in subsection (1)—

(i)

in paragraph (a), for “as described in section 149(2), (3), (4), (5) or (5A)” there were substituted “to comply with a requirement of the PEC Regulations”;

(ii)

after paragraph (c), there were inserted

“, or

(d)

has failed to comply with the prohibition in section 142(8B),”;

(b)

after subsection (1) there were inserted—

“(1A)

But the F2Commission may not give a penalty notice to a person in respect of a failure to comply with regulation 5A of the PEC Regulations.”;

(c)

for subsection (2) there were substituted—

“(2)

When deciding whether to give a penalty notice to a person and determining the amount of the penalty, the Commission must have regard to the matters listed in subsection (3), so far as relevant.”;

(d)

in subsection (3)—

(i)

for “the controller or processor” (in each place) there were substituted “the person”;

(ii)

in paragraph (c), for the words from “data subjects” to the end there were substituted “subscribers or users”;

(iii)

in paragraph (d), for the words “in accordance with section 57, 66, 103 or 107” there were substituted “with a view to securing compliance with the requirements of the PEC Regulations”;

(iv)

paragraph (g) were omitted;

(v)

in paragraph (j), the words “or certification mechanism” were omitted;

(e)

subsection (4) were omitted;

(f)

after subsection (4) there were inserted—

“(4A)

If a penalty notice is given to a body in respect of a failure to comply with any of regulations 19 to 24 of the PEC Regulations, the F3Commission may also give a penalty notice to an officer of the body if the Commission is satisfied that the failure—

(a)

took place with the consent or connivance of the officer, or

(b)

was attributable to any neglect on the part of the officer.

(4B)

In subsection (4A)—

  • “body” means a body corporate or a Scottish partnership;

  • “officer”, in relation to a body, means—

    1. (a)

      in relation to a body corporate—

      1. (i)

        a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity, and

      2. (ii)

        where the affairs of the body are managed by its members, a member; or

    2. (b)

      in relation to a Scottish partnership, a partner or any person purporting to act as a partner.”;

(g)

subsections (6) to (8) were omitted.

Annotations

Textual amendments

F1

Sch. 1 substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 13; S.I. 2026/82, reg. 2(z14) (with regs. 8-11)

F2

Words in Sch. 1 para. 15(b) 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. 3 para. 6(3)(4)(j)(iv); S.I. 2026/1015, reg. 2(c)

F3

Words in Sch. 1 para. 15(f) 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. 3 para. 6(3)(4)(j)(iv); S.I. 2026/1015, reg. 2(c)

Notes on Schedule 1

Textual amendments

F2

Word in Sch. 1 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. 3 para. 6(3)(4)(j)(i); S.I. 2026/1015, reg. 2(c)