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ARTICLE · 10 APRIL 2024

Information Commissioner's Office Issues New Guidelines On Data Protection Fines

Herbert Smith Freehills Kramer LLP
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On 18 March 2024, the Information Commissioner's Office (the "ICO"), issued its Data Protection Fining Guidance (the "Guidance") on issuing fines under the UK General Data Protection Regulation...

United KingdomPrivacy
Miriam Everett
Miriam Everett
Saara Leino
Saara Leino

On 18 March 2024, the Information Commissioner's Office (the "ICO"), issued its Data Protection Fining Guidance (the "Guidance") on issuing fines under the UK General Data Protection Regulation (the "UK GDPR") and the Data Protection Act 2018 (the "DPA 2018"). The guidance replaces the sections about penalty notices in the ICO's Regulatory Action Policy which was published in November 2018.

Background

The ICO has the power to issue administrative fines to controllers and data processors. In a nutshell, the data protection legislation gives the ICO the power to issue a fine, when it considers that an organisation has failed, or is failing to comply with its obligations under the data protection legislation or has failed to comply with enforcement notices already issued by the authority.

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