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Data Protection Act 2018, Cross Heading: Chapter VIII of the GDPR (remedies, liability and penalties) is up to date with all changes known to be in force on or before 05 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 25/05/2018
50U.K.In Article 77 (right to lodge a complaint with a supervisory authority)—
(a)in paragraph 1, omit “in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement”;
(b)in paragraph 2, for “The supervisory authority with which the complaint has been lodged” substitute “ The Commissioner ”.
51U.K.In Article 78 (right to an effective judicial remedy against a supervisory authority)—
(a)omit paragraph 2;
(b)for paragraph 3 substitute—
“3Proceedings against the Commissioner are to be brought before a court in the United Kingdom.”;
(c)omit paragraph 4.
52U.K.In Article 79 (right to an effective judicial remedy against a controller or processor), for paragraph 2 substitute—
“2Proceedings against a controller or a processor are to be brought before a court (see section 180 of the 2018 Act).”
53U.K.In Article 80 (representation of data subjects)—
(a)in paragraph 1, omit “where provided for by Member State law”;
(b)in paragraph 2, for “Member States” substitute “ The Secretary of State ”;
(c)after that paragraph insert—
“3The power under paragraph 2 may only be exercised by making regulations under section 190 of the 2018 Act.”
54U.K.Omit Article 81 (suspension of proceedings).
55U.K.In Article 82 (right to compensation and liability), for paragraph 6 substitute—
“6Proceedings for exercising the right to receive compensation are to be brought before a court (see section 180 of the 2018 Act).”
56U.K.In Article 83 (general conditions for imposing administrative fines)—
(a)in paragraph 5, in point (d), for “pursuant to Member State law adopted under Chapter IX” substitute “ under Part 5 or 6 of Schedule 2 to the 2018 Act or under regulations made under section 16 of that Act ”;
(b)in paragraph 7—
(i)for “each Member State” substitute “ the Secretary of State ”;
(ii)for “that Member State” substitute “ the United Kingdom ”;
(c)for paragraph 8 substitute—
“8Section 115(9) of the 2018 Act makes provision about the exercise of the Commissioner's powers under this Article.”;
(d)omit paragraph 9.
57U.K.In Article 84 (penalties)—
(a)for paragraph 1 substitute—
“1The rules on other penalties applicable to infringements of this Regulation are set out in the 2018 Act (see in particular Part 6 (enforcement)).”;
(b)omit paragraph 2.
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