Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 121 is up to date with all changes known to be in force on or before 07 April 2026. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 121:
- s. 26(2)(f)(ai) omitted by 2025 c. 18 Sch. 10 para. 9
- s. 44(1)(da) inserted by 2025 c. 18 Sch. 10 para. 10(2)(a)
- s. 44(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 10(3)(a)
- s. 45(2)(ea) inserted by 2025 c. 18 Sch. 10 para. 11(2)(a)
- s. 45(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 11(3)(a)
- s. 45A(2)(ca) inserted by 2025 c. 18 Sch. 10 para. 12
- s. 48(1)(b)(iia) inserted by 2025 c. 18 Sch. 10 para. 13(2)(a)
- s. 48(4)(ba) inserted by 2025 c. 18 Sch. 10 para. 13(3)(a)
- s. 149(5A) inserted by 2025 c. 18 Sch. 10 para. 16(3)
- s. 157(4A) inserted by 2025 c. 18 Sch. 10 para. 18
- s. 187(2)(za) inserted by 2025 c. 18 Sch. 10 para. 21(3)(a)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 26(2)(f)(ai) omitted by 2025 c. 18 Sch. 10 para. 9
- s. 44(1)(da) inserted by 2025 c. 18 Sch. 10 para. 10(2)(a)
- s. 44(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 10(3)(a)
- s. 45(2)(ea) inserted by 2025 c. 18 Sch. 10 para. 11(2)(a)
- s. 45(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 11(3)(a)
- s. 45A(2)(ca) inserted by 2025 c. 18 Sch. 10 para. 12
- s. 48(1)(b)(iia) inserted by 2025 c. 18 Sch. 10 para. 13(2)(a)
- s. 48(4)(ba) inserted by 2025 c. 18 Sch. 10 para. 13(3)(a)
- s. 149(5A) inserted by 2025 c. 18 Sch. 10 para. 16(3)
- s. 157(4A) inserted by 2025 c. 18 Sch. 10 para. 18
- s. 187(2)(za) inserted by 2025 c. 18 Sch. 10 para. 21(3)(a)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
PART 5The Information Commissioner
Codes of practice
121Data-sharing code
(1)
The Commissioner must prepare a code of practice which contains—
(a)
practical guidance in relation to the sharing of personal data in accordance with the requirements of the data protection legislation, and
(b)
such other guidance as the Commissioner considers appropriate to promote good practice in the sharing of personal data.
(2)
Where a code under this section is in force, the Commissioner may prepare amendments of the code or a replacement code.
(3)
Before preparing a code or amendments under this section, the Commissioner must consult the Secretary of State and such of the following as the Commissioner considers appropriate—
(a)
trade associations;
(b)
data subjects;
(c)
persons who appear to the Commissioner to represent the interests of data subjects.
(4)
A code under this section may include transitional provision or savings.
(5)
In this section—
“good practice in the sharing of personal data” means such practice in the sharing of personal data as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, including compliance with the requirements of the data protection legislation;
“the sharing of personal data” means the disclosure of personal data by transmission, dissemination or otherwise making it available;
“trade association” includes a body representing controllers or processors.