Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 157 is up to date with all changes known to be in force on or before 03 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.
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PART 6Enforcement
Penalties
157Maximum amount of penalty
(1)
In relation to an infringement of a provision of the F1UK GDPR, the maximum amount of the penalty that may be imposed by a penalty notice is—
(a)
the amount specified in Article 83 of the F1UK GDPR, or
(b)
if an amount is not specified there, the standard maximum amount.
(2)
In relation to an infringement of a provision of Part 3 of this Act, the maximum amount of the penalty that may be imposed by a penalty notice is—
(a)
(b)
otherwise, the standard maximum amount.
(3)
In relation to an infringement of a provision of Part 4 of this Act, the maximum amount of the penalty that may be imposed by a penalty notice is—
(a)
in relation to a failure to comply with section 86, 87, 88, 89, 90, 91, 93, 94, 100 or 109, the higher maximum amount, and
(b)
otherwise, the standard maximum amount.
(4)
In relation to a failure to comply with an information notice, an assessment notice F4, an interview notice or an enforcement notice, the maximum amount of the penalty that may be imposed by a penalty notice is the higher maximum amount.
(5)
The “higher maximum amount” is—
(a)
in the case of an undertaking, F5£17,500,000 or 4% of the undertaking’s total annual worldwide turnover in the preceding financial year, whichever is higher, or
(b)
in any other case, F5£17,500,000.
(6)
The “standard maximum amount” is—
(a)
in the case of an undertaking, F6£8,700,000 or 2% of the undertaking’s total annual worldwide turnover in the preceding financial year, whichever is higher, or
(b)
in any other case, F6£8,700,000.
F7(7)
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