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The Assurance Desk

Data protection

If your organisation holds details about customers, staff or anyone else, these are the rules it works within.

Explore data protection

UK GDPR’s seven principles, in plain English

Turn the rules into everyday checks on the information your organisation uses.

Understand the rules

Data protection training: what should staff learn?

A useful course helps people handle real situations and shows where they still need help.

Understand the rules

Keeping personal data secure: what Article 32 requires

Connect the risks to people with the safeguards and checks your organisation uses.

Understand the rules

A subject access request arrives: what should you do?

Recognise the request, work out the deadline and organise a clear, secure response.

Understand the rules

UK GDPR versus EU GDPR: which rules apply?

A UK address does not settle which data protection law covers every part of your business.

Understand the rules

What must your UK privacy notice say?

Explain what happens to people’s information at the point they need to know.

Understand the rules

Does GDPR apply to small businesses and sole traders?

Start with the personal data you hold, then check your duties, fee and need for a DPO separately.

Understand the rules

Who is a data controller, and who is a processor?

Follow the decisions about the data, rather than the label on the contract.

Understand the rules

Article 28: what must a processor contract say?

Use this checklist to see what the supplier will do with personal data, including when the work ends.

Understand the rules

Is UK GDPR changing in 2026?

The law has changed, but your old data protection duties have not disappeared.

Understand the rules

Automated decisions: what UK GDPR now requires

Check what a system decides, who reviews it and how someone can challenge the result.

Understand the rules

Do you have to pay the ICO fee?

Check the exemption first, then the right fee band, before paying a letter or invoice.

Understand the rules

Do you need a data protection officer? UK GDPR sets three tests

Ask this before you hire anyone, because the answer changes what you need to buy.

Appoint a DPO

Can your IT manager be your DPO?

The job title is not the test, but the decisions that come with it matter.

Appoint a DPO

How do you find an outsourced DPO in the UK?

Start with the person doing the job, the cover you need and the way they will work with your team.

Appoint a DPO

Is a data protection officer a senior role?

Look at the person’s authority, access and independence as well as their job title.

Appoint a DPO

Schools and academies: who can be your DPO?

Compare the appointment options for schools in England and the checks that help you choose someone who can do the job.

Appoint a DPO

How much does an outsourced DPO cost, and what does it cover?

The lowest monthly fee we found published for an outsourced DPO is £350 plus VAT, for two hours a month.

Appoint a DPO

Day rate or retainer: how do consultants charge?

Compare the work, access and limits in the proposal before comparing the headline fee.

Appoint a DPO

How much does data protection software cost per year?

Check what the licence covers, how the bill grows and which costs sit outside the subscription.

Appoint a DPO

How do I choose a data protection or AI governance adviser?

Your organisation stays responsible for complying with UK GDPR whoever you hire, so it helps to know exactly what an adviser will do.

Choose an adviser

Data protection consultants and indemnity insurance: who pays if advice is wrong?

Knowing who pays, and what insurance covers, helps you ask the right questions before you sign.

Choose an adviser

How do you check that a data protection consultant is qualified?

A job title says little, so it helps to know what to ask for and what each certificate shows.

Choose an adviser

Is your GDPR consultant recommending their own software?

Ask who owns the product, how the adviser is paid and what happens if you choose a different tool.

Choose an adviser

Law firm or consultancy for GDPR advice?

Choose the people and work you need, with clear terms for legal advice, practical help and ongoing support.

Choose an adviser

A data breach has happened: who do you call?

Get the right people involved, contain the breach and keep the reporting decisions clear.

Handle a problem

A data breach compensation claim: what should businesses know?

Separate the complaint, the request for payment and any court action before deciding what help you need.

Handle a problem

When must you report a personal data breach?

Check the risk to people, then use the right reporting route and deadline.

Handle a problem

ICO has written to you: what to do in the first week

Most letters from the regulator have a clear next step, and a calm first week makes the rest easier.

Handle a problem

How much can the ICO fine you under UK GDPR?

The legal maximum is a ceiling, not a prediction of what a business will pay.

Handle a problem

Latest in data protection

The basics, explained

In the UK, two laws set the rules for personal data: UK GDPR and the Data Protection Act 2018. They ask everyone responsible for personal data to use it fairly, lawfully and openly, and to keep it secure. The ICO is the regulator. The US has no national privacy law that covers every business, so some states have passed their own.

Checked 2 October 2026

What does UK data protection law ask of you?

UK data protection law asks you to follow seven principles, pay the ICO a fee and deal with complaints. The rules come from two UK laws: UK GDPR and the Data Protection Act 2018. They apply to everyone responsible for using personal data, unless an exemption applies.

UK GDPR has seven principles. The last one, accountability, means you must be able to show that you follow the other six.

Every organisation that uses personal data must pay the ICO a data protection fee, unless it is exempt. Sole traders count as organisations here.

You also need a way for people to complain to you about how you use their data. You must acknowledge each complaint within 30 days.

The seven principles, in plain words

  • Use personal data lawfully, fairly and openly.
  • Collect it for a clear purpose, and reuse it only in ways that fit that purpose.
  • Collect only what you need.
  • Keep it accurate, and up to date where needed.
  • Keep it no longer than you need.
  • Keep it secure.
  • Be able to show that you do all of this.
Article 5 of UK GDPR sets out seven principles, shown here in everyday words.

Who is the regulator, and what has changed?

The UK data protection regulator is the Information Commission, still known as the ICO. It took over the Information Commissioner's work on 30 September 2026. The other change is the Data (Use and Access) Act 2025 (UK), which updates UK GDPR and the Data Protection Act 2018 and does not replace them.

The Act's data protection changes came into force in stages, between June 2025 and June 2026.

Most of the changes offer you an opportunity to do things differently, rather than needing you to make specific changes to comply with the law.

Are you a controller or a processor?

You are a controller under UK GDPR if you decide why and how personal data is used, and a processor if you use it on someone else's behalf, on their instructions. A controller that uses a processor needs a binding contract, or a similar legal document, that says what the processor does and for how long.

Controller and processor

Controller

  • Decides why and how personal data is used
  • Is responsible for following UK GDPR
  • Must be able to show that it does
  • In the ICO's example, the gym

Processor

  • Uses personal data on the controller's behalf
  • Acts on the controller's instructions
  • Has more limited duties
  • Tells the controller about a breach without undue delay
  • In the ICO's example, the printing firm
The ICO's own example: a gym sends its members invitations, and a printing firm addresses the envelopes.

Do you need a data protection officer?

UK GDPR requires a data protection officer (DPO) in three cases only. You are a public body. Your main work is tracking people regularly on a large scale. Or your main work is handling sensitive or criminal offence data on a large scale.

Anyone else may appoint one by choice, and the same rules then apply. The officer can be on your staff or under a service contract. If you decide not to appoint, the ICO says it is a good idea to record that decision.

The guide to whether you need a DPO takes each test in turn. The guide to how DPO services are priced explains how firms charge.

The three UK GDPR tests

Must you appoint a data protection officer?

  • You are a public body For example: a state school or academy in England
  • or Your main work is tracking people regularly, on a large scale For example: a large retail website that tracks searches and purchases
  • or Your main work is handling sensitive or criminal offence data, on a large scale For example: a health insurer that holds health data on many people

Yes, if any one applies.

If none applies, it is your choice.

Each test comes with an example from official guidance.

What happens after a personal data breach in the UK?

After a personal data breach in the UK, you contain it, judge the risk to people and record it. Under UK GDPR, you also report it to the ICO if people are likely to be at risk. You may send the ICO the details in stages.

A breach is not only a hack. It includes personal data that is lost, changed without permission or sent to the wrong person.

See the first days after a breach.

The first steps after a breach

  1. Contain it Stop the breach where you can and limit the harm.
  2. Judge the risk Judge how serious the effect on people could be, and how likely it is.
  3. Report if needed Tell the ICO without undue delay and, where feasible, within 72 hours, if people are likely to be at risk.
  4. Tell the people affected Do this without undue delay if the risk to them is high.
  5. Record it Log the facts, the effects and what you did, reported or not.
What the ICO's guidance asks of an organisation once it knows about a breach.

How does the US handle data protection?

US data protection rules come from federal and state sources. No single US law covers every business, so some states have written their own. The California Consumer Privacy Act (CCPA) lets people find out what personal information a business collects about them, ask for it to be deleted or corrected, and opt out of its sale or sharing.

Where US privacy rules come from

  • Federal Trade Commission (FTC) The chief federal privacy enforcer since the 1970s
  • State privacy laws 19 states had passed a general privacy law by January 2026 counted by the IAPP, the International Association of Privacy Professionals
  • California Enforces the CCPA the Attorney General and the California Privacy Protection Agency
  • State breach laws Every state requires notice of a breach involving personal information
US privacy rules come from federal and state sources, not from one national law.

Key dates for data protection

  1. 25 May 2018UK Most of the Data Protection Act 2018 came into force.
  2. 1 January 2023US New rights began in California: to correct personal information, and to limit the use of sensitive information.
  3. 19 June 2025UK The Data (Use and Access) Act 2025 became law.
  4. 5 February 2026UK Most of that Act's data protection changes came into force.
  5. 19 June 2026UK The duty to handle data protection complaints came into force.
  6. 30 September 2026UK The Information Commission took over the work of the Information Commissioner.
The dates behind today's rules, in the UK and in California.

Data protection in the UK and the US at a glance

TopicUKUS
The main lawUK GDPR and the Data Protection Act 2018No national law for every business. State laws, such as California's CCPA
The regulatorThe Information Commission (the ICO), its name since 30 September 2026The FTC at federal level. In California, the Attorney General and the California Privacy Protection Agency
After a breachReport to the ICO without undue delay and, where feasible, within 72 hours, if people are likely to be at riskEvery state has a law that requires notice of a breach involving personal information
People's rightsTo be told how data is used, to see it, to correct it and to have it erased, among othersSet state by state. In California, to know, delete, correct and opt out of sale or sharing

Words you will meet

Sources

  1. ICO guide to the data protection principles, checked 29 September 2026
  2. The ICO, on the Data (Use and Access) Act 2025 (UK), checked 29 September 2026
  3. ICO guidance on controllers and processors, checked 29 September 2026
  4. UK GDPR Article 33, legislation.gov.uk, checked 29 September 2026
  5. ICO guidance on data protection officers, checked 29 September 2026
  6. GOV.UK, data protection officers in schools, checked 29 September 2026
  7. ICO guide to personal data breaches, checked 29 September 2026
  8. FTC, protecting consumer privacy and security, checked 29 September 2026
  9. IAPP, US state privacy requirements as 2026 begins, January 2026, checked 29 September 2026
  10. California Attorney General, CCPA, checked 29 September 2026
  11. FTC, data breach response guide for business, checked 29 September 2026
  12. Data Protection Act 2018 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2018, S.I. 2018/625, checked 29 September 2026
  13. Data (Use and Access) Act 2025 (UK), legislation.gov.uk, checked 29 September 2026
  14. GOV.UK, Data (Use and Access) Act 2025 plans for commencement, checked 29 September 2026
  15. Data (Use and Access) Act 2025 (UK), section 103, legislation.gov.uk, checked 29 September 2026
  16. UK commencement regulations, S.I. 2026/1015, checked 29 September 2026
  17. GOV.UK, the UK's data protection legislation, checked 29 September 2026
  18. The ICO: ICO welcomes transition to new Information Commission, 30 September 2026, checked 2 October 2026
  19. IAPP, SECURE Data Act analysis, April 2026, checked 29 September 2026
  20. UK GDPR Article 5, legislation.gov.uk, checked 29 September 2026
  21. UK GDPR Article 28, legislation.gov.uk, checked 29 September 2026
  22. UK GDPR Article 37, legislation.gov.uk, checked 29 September 2026
  23. ICO, data protection fee, checked 29 September 2026
  24. ICO, how to deal with data protection complaints, checked 29 September 2026
  25. ICO, governance changes confirmed for 30 September 2026, checked 29 September 2026

This is an independent editorial guide, not legal advice.