United Kingdom

UK GDPR and DPA 2018 (as amended by DUAA 2025)

UK General Data Protection Regulation and Data Protection Act 2018, as amended by the Data (Use and Access) Act 2025

The UK's general data protection law, which since February 2026 has a new, more permissive regime for automated decisions with stronger built-in safeguards.

BindingLaw/RegulationDevelopers and deployersReaches beyond its bordersNot an AI-specific law
Regulator
Information Commissioner's Office (ICO)
Adopted
23 May 2018
In force
25 May 2018
Sectors
All sectors
Penalties
Up to GBP 17.5 million or 4% of worldwide annual turnover, whichever is higher, for the most serious breaches (DPA 2018 s.157); lower tier for other duties. Not re-checked against legislation.gov.uk.
Last verified
19 Oct 2026Official source

Summary

  • Old Art. 22 is gone. DUAA s.80 replaced it with Arts. 22A to 22D (commenced 2026-02-05 per SI 2026/82, from secondary sources; the ICO guidance uses the new article numbers).
  • ADM is now allowed on any lawful basis, including legitimate interests, as long as safeguards are in place (ICO DUAA overview). Special category data stays restricted, for example to explicit consent or specified legal grounds (Art. 22B per ICO).
  • Mandatory safeguards (Art. 22C): tell people about significant decisions taken about them, let them make representations, let them obtain human intervention, and let them contest the decision.
  • Scope test (Art. 22A): a "significant decision" based "solely" on automated processing. Meaningful human involvement takes a decision out of scope. ICO draft guidance suggests applying safeguards to all decisions where you cannot reliably separate those with significant effects.
  • Other AI-relevant parts unchanged in substance: transparency duties (Arts. 13 to 15), DPIAs (Art. 35), lawful basis for training (Art. 6), and extraterritorial reach (Art. 3(2)).

Who it applies to

  • Controllers and processors established in the UK, plus non-UK organisations offering goods or services to, or monitoring, people in the UK (Art. 3(2)). Non-UK controllers usually need a UK representative (Art. 27).
  • All sectors. Law enforcement and intelligence processing have separate parts of the DPA 2018.

Key dates

  1. Data Protection Act 2018 and EU GDPR apply in the UK
  2. Retained EU GDPR becomes the 'UK GDPR' after Brexit transition (secondary; not re-checked on legislation.gov.uk)
  3. Data (Use and Access) Act 2025 receives Royal Assent; ICO publishes DUAA guidance
  4. DUAA s.80 commences: Art. 22 replaced by Arts. 22A to 22D (SI 2026/82; secondary sources)
  5. ICO publishes draft updated ADM guidance for consultation
  6. ICO confirms all DUAA data protection provisions are in force
Full date record
Date Event
2018-05-25 DPA 2018 and GDPR apply
2021-01-01 UK GDPR (retained EU law) takes effect after Brexit (secondary)
2025-06-19 DUAA Royal Assent
2026-02-05 New ADM rules (Arts. 22A to 22D) commence; decisions taken before this date keep the old safeguards (SI 2026/82 reg. 5, secondary)
2026-03-31 to 2026-05-29 ICO consultation on updated ADM guidance (end date secondary)
2026-06-19 All DUAA data protection provisions in force, including the new complaints duty (ICO)

Penalties and enforcement

  • ICO can fine up to GBP 17.5 million or 4% of global turnover for the most serious breaches.
  • DUAA also gave the ICO new powers; ICO says it will publish guidance before using them but may act in the most serious cases now.
  • From 2026-06-19 controllers must handle data protection complaints themselves first (new complaints regime, per ICO and secondary sources).
  • ICO's final ADM guidance was still in draft at the last check; status after August 2026 not confirmed.

What it means for an Indian company

Obligations

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Glossary

  • DUAA: Data (Use and Access) Act 2025, the UK reform law.
  • ADM: automated decision-making; in ICO guidance, decisions in scope of Art. 22A.
  • Significant decision: one with legal or similarly significant effects on a person.
  • Recognised legitimate interest: a new pre-approved lawful basis for listed public-interest purposes with no balancing test; ICO lists it as a second restriction on ADM (see Art. 22B).
  • Special category data: health, biometrics, ethnicity, religion, sexual orientation and similar sensitive data.
  • ICO: Information Commissioner's Office, the UK regulator.

Key takeaways

  • Not AI-specific, but the UK now has bespoke ADM rules (Arts. 22A to 22D) in force since 2026-02-05.
  • ADM is permitted on any lawful basis with mandatory safeguards; special category data stays restricted.
  • Extraterritorial: covers Indian firms serving or monitoring UK users.
  • legislation.gov.uk was blocked, so commencement dates rely on ICO plus law firm sources; reviewer should confirm.

Official sources

This is general information, not legal advice. Last verified 19 Oct 2026 against the official source. Laws change; confirm the current position with qualified counsel before acting.

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