Section 155(2)

Subject to subsection (4), when deciding whether to give a penalty notice to a person and determining the amount of the penalty, the Commissioner must have regard to the following, so far as relevant— to the extent that the notice concerns a matter to which the UK GDPR applies, the matters listed in Article 83(1) and (2) of the UK GDPR; to the extent that the notice concerns another matter, the matters listed in subsection (3).

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Source: legislation.gov.uk · retrieved 2026-09-04