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February 10, 2026

Complying with the Data Protection Act

A practical UK guide to complying with the Data Protection Act and UK GDPR, updated for recent reforms: ICO fee, principles, lawful bases, DPIAs, DPOs, SARs, security controls and breach response.

Complying with the Data Protection Act

The UK’s data protection regime has evolved significantly over time. Earlier Data Protection Acts established core concepts such as fairness, lawful processing, accuracy, and individuals’ rights. Today, however, compliance is anchored in a combined framework:

  • the UK General Data Protection Regulation (UK GDPR) (the primary rules that apply to most processing); and
  • the Data Protection Act 2018 (DPA 2018) (which supplements the UK GDPR, sets out national provisions, and provides specific rules in areas such as law enforcement processing and intelligence services). ([GOV.UK][2])

Importantly, the framework has been recently reformed through the Data (Use and Access) Act (“DUAA”), which amends (but does not replace) the UK GDPR, the DPA 2018, and PECR. These reforms aim to make aspects of compliance more proportionate and clearer in practice, while retaining the fundamentals of individuals’ rights and organisational accountability. ([ICO][1])

Complying with the Data Protection Act

The DPA 2018 remains in force, and together with the UK GDPR forms the legal foundation for handling personal data in the UK. Government guidance continues to describe UK data protection as governed by UK GDPR + DPA 2018. ([GOV.UK][2])

What has changed is that recent legislative reforms (via DUAA) update how parts of the system operate in practice. In particular, DUAA introduces changes intended to:

  • refine accountability and governance expectations;
  • adjust how certain legitimate interests operate (including a concept of recognised legitimate interests in the UK GDPR); and
  • update how some compliance processes are approached, without removing the need for lawful processing, transparency, security, and rights handling. ([Bird & Bird][3])

Complying with the current regime brings clear benefits:

  1. Increased trust and transparency The regime requires clarity on what data you collect, why you collect it, how long you keep it, who you share it with, and how individuals exercise their rights. When done well, this builds confidence among customers, employees, service users, and partners.

  2. A stronger compliance posture (and fewer surprises) Data protection compliance is now tightly linked to governance: you should be able to explain your decisions, show your controls, and evidence how you manage risk. This reduces the chance of last-minute rework, failed assurance, or avoidable incidents.

  3. Improved security and resilience Security remains a core expectation. A risk-based approach—combining technical controls, operational discipline, and supplier management—reduces breach likelihood and impact.

  4. Streamlined and more consistent processes Clear lawful basis decisions, predictable rights-handling workflows, and consistent DPIA practice reduce friction and cost across delivery.

Does the Data Protection Act apply to your organisation?

In practice, most organisations are in scope if they process personal data as a controller or processor.

  • Personal data is broadly defined: any information relating to an identified or identifiable person, including online identifiers.
  • If you decide why and how personal data is processed, you are typically a controller.
  • If you process personal data on behalf of a controller, you are typically a processor.

Key considerations:

  • Scale and scope: volume of data, number of people impacted, how many systems and teams are involved.
  • Sensitivity: special category data (e.g., health) and criminal offence data often brings additional requirements under UK law.
  • Risk and impact: monitoring, profiling, automation, vulnerable people, or high-impact decisions increase obligations and governance expectations.

A practical “in scope?” checklist:

  1. Do we collect or store personal data (staff, customers, service users, prospects, members, suppliers)?
  2. Do we use it to make decisions about individuals, profile behaviour, or automate outcomes?
  3. Do we share it with third parties (suppliers, processors, partners, group entities)?
  4. Do we process special category data or criminal offence data?
  5. Do we transfer data internationally or use services where access may occur from outside the UK?
  6. Are we in a context with high transparency expectations (public services, regulated sectors, critical services)?

Paying the ICO data protection fee (often described as “registering with the ICO”)

The ICO is the UK’s independent regulator for data protection and information rights. Many organisations must pay a data protection fee, unless exempt. This is commonly referred to as “ICO registration”, but the compliance obligation is better thought of as: confirm fee status, pay where required, and keep details accurate. ([ICO][1])

Practical steps:

  1. Confirm whether you need to pay (and whether any exemption applies).
  2. Keep organisational details accurate and updated as processing changes.
  3. Treat this as part of wider accountability — not a standalone “tick box”.

The data protection principles (and accountability)

Modern UK data protection is built around the principles in the UK GDPR (with the DPA 2018 providing additional UK-specific rules and provisions). The principles remain a practical “quality framework” for handling personal data:

  1. Lawfulness, fairness and transparency
  2. Purpose limitation
  3. Data minimisation
  4. Accuracy
  5. Storage limitation
  6. Integrity and confidentiality (security)
  7. Accountability (you must be able to demonstrate compliance)

These principles should be visible in how you design services, procure suppliers, govern delivery, operate security controls, and respond to rights requests and incidents.

The key activities needed to meet current UK requirements

The following activities remain the practical backbone of compliance (and remain relevant under the reformed regime):

  1. Implement a data protection policy and supporting standards
  2. Carry out DPIAs for high-risk processing
  3. Appoint a DPO (where required) or an accountable privacy lead (where advisable)
  4. Train staff and embed role-based awareness
  5. Choose and document a lawful basis (use consent correctly, not by default)
  6. Update privacy notices and transparency information
  7. Implement proportionate technical and organisational measures
  8. Respond to SARs and other rights requests consistently
  9. Detect, investigate and manage personal data breaches (including notifications where required)

We now examine each area with updates to reflect the current framework and the direction of travel under recent reforms.

1. Develop your Data Protection Policy

A data protection policy should describe:

  • what data you process and why (at an organisational level);
  • roles, decision rights and escalation paths;
  • how you meet the principles (especially minimisation, retention and security);
  • how you handle rights requests and incidents; and
  • how you manage suppliers and transfers.

Enhancements that reflect current expectations:

  • link the policy to your records of processing, retention schedule and supplier onboarding process;
  • include practical rules for data sharing, analytics, monitoring, and automated decision-making (where used);
  • define “privacy by design” gates (e.g., DPIA triggers, sign-off points, assurance checks).

2. Data Protection Impact Assessment (DPIA)

A DPIA is essential where processing is likely to create high risks to individuals’ rights and freedoms. It should be run early, updated as designs change, and used as a delivery tool (not just a document).

A stronger, delivery-friendly DPIA structure:

  • describe processing and data flows clearly;
  • justify necessity and proportionality (why this data, why now, why this approach);
  • identify harms and risks to individuals;
  • define mitigations (technical, organisational, contractual, UX);
  • document residual risk and accountable sign-off; and
  • keep it under review where the service evolves.

3. Appoint a Data Protection Officer (DPO)

Not every organisation must appoint a DPO, but where you do (or where you appoint an equivalent lead), the role must have:

  • sufficient independence to challenge decisions;
  • direct access to senior leadership;
  • adequate resources; and
  • a clear remit covering governance, advice, DPIAs, and incident/rights support.

Even without a formal DPO requirement, you still need clear accountability for privacy decisions and a competent function to run the programme.

4. DPA training and awareness

Training should be:

  • baseline for all staff (handling, reporting concerns, common mistakes);
  • role-based for teams with higher exposure (HR, customer services, marketing, analysts, engineers, product owners, casework teams);
  • scenario-driven (SARs, breach triage, data sharing, retention, supplier use).

Measure effectiveness through audits, incident trends, completion rates, and practical testing.

5. Ensuring a valid lawful basis (and not overusing consent)

A key modern correction: consent is not always required. You must identify and record the appropriate lawful basis for each processing purpose.

Recent reforms have adjusted aspects of legitimate interests and introduced a concept of recognised legitimate interests under UK GDPR, which may reduce the need for balancing tests in defined cases — but it does not remove the need for transparency, minimisation, security, and rights handling. ([Bird & Bird][3])

If you do rely on consent:

  • it must be freely given, specific, informed and unambiguous;
  • withdrawal must be easy; and
  • you must keep robust records.

Also remember: special category data and criminal offence data require additional UK conditions (where applicable) beyond the basic lawful basis.

6. Privacy notices

Privacy notices remain central. They should clearly explain:

  • what data is collected;
  • purposes and lawful basis;
  • recipients and categories of third parties/processors;
  • retention periods (or clear criteria);
  • transfers (where relevant);
  • individuals’ rights and how to exercise them; and
  • how to complain to the ICO.

Your existing example is a good starting point; strengthen it by:

  • adding a short “key points” summary;
  • explicitly covering retention and rights routes; and
  • clearly stating how automated decision-making/profiling applies (if used).

7. Implement technical measures

Your “data at rest / in transit / in use” framing is strong and should stay. Tie it more explicitly to a risk-based approach and supplier dependency.

Common controls that map well to modern expectations:

  • identity and access management (least privilege, MFA, joiner–mover–leaver);
  • encryption and key management;
  • secure configuration and patching;
  • monitoring and logging;
  • backup and recovery testing;
  • endpoint and malware protection; and
  • supplier assurance for SaaS and managed services.

The “right” control set depends on the nature of the data, the processing risk, and the threat environment.

8. Respond to subject access requests (SARs)

Your SAR section is directionally correct: organisations must handle SARs promptly, verify identity proportionately, and provide clear information.

Operational upgrades that reduce risk:

  • define “how we recognise a SAR” across channels (email, phone, social, in-person);
  • implement a tracking workflow and clear ownership;
  • pre-agree redaction and exemption handling;
  • build repeatable searches across email, collaboration tools and line-of-business systems; and
  • use quality control before release.

9. Report security breaches

Breach management remains one of the most operationally important areas of compliance.

A mature approach includes:

  • clear internal reporting lines (“if you see it, report it”);
  • rapid containment and evidence preservation;
  • consistent risk assessment focusing on likely harm to individuals;
  • documented decisions on whether ICO notification is required; and
  • clear communications templates for affected individuals (where needed).

DUAA reforms do not remove the need for incident readiness: accountability still expects you to know what happened, what data was affected, what you did, and how you will prevent recurrence. ([ICO][1])

Conclusion

The blog’s key message still stands — compliance delivers trust, resilience and operational consistency — but the legal framing must be current.

DPA 2018 remains part of the UK regime, supplemented by the UK GDPR, and recent reforms have amended how some aspects operate (including updates that affect governance and certain lawful processing routes). ([GOV.UK][2])

In summary, organisations should:

  1. Understand the regime (UK GDPR + DPA 2018, as amended by newer legislation).
  2. Know your data and data flows (inventory, retention, access, sharing, suppliers).
  3. Embed privacy by design (DPIAs, sign-offs, risk-based controls).
  4. Train your people (role-based, scenario-led).
  5. Run strong operations (SARs, breach response, supplier oversight, continuous monitoring).

Treat data protection as a delivery capability: when it’s embedded, it improves outcomes, reduces rework, and strengthens public and customer confidence.

References

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