England and Wales commercial and regulatory procedures
When must a data protection penalty be paid?
Actual specified payment period, no shorter than 28 days beginning with giving. Pay the regulator according to the notice. The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
- Period
- Actual specified payment period, no shorter than 28 days beginning with giving
- Trigger
- Giving the penalty notice
- Rule
- Data Protection Act 2018, Schedule 16 paragraphs 5–9
Data Protection Act 2018, Schedule 16 paragraphs 5–9. The retained source governs pay the regulator according to the notice. The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
Source guide · No automated date
Check the applicable procedure
The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction. Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms. The actual giving the penalty notice and required completion must be established before using a final date.
Data Protection Act 2018, Schedule 16 paragraphs 5–9What lawyers say
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When must a data protection penalty be paid?
Actual specified payment period, no shorter than 28 days beginning with giving. Pay the regulator according to the notice. The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
Responsible actor. Person subject to the penalty notice.
Giving the penalty notice.
The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
Data Protection Act 2018, Schedule 16 paragraphs 5–9How does this provision count time?
- Pay the regulator according to the notice.
- Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms.
- The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms.
Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms. The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
Data Protection Act 2018, Schedule 16 paragraphs 5–9Which facts prevent one automatic date?
The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction. Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms. The actual giving the penalty notice and required completion must be established before using a final date.
The person subject to the penalty notice has established the applicable procedure and giving the penalty notice. The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction. Pay the regulator according to the notice. Actual specified payment period, no shorter than 28 days beginning with giving. No computed final date is supplied.
A proposed completion raises a nonbusiness-day or time-boundary question for pay the regulator according to the notice. Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms. Resolve this boundary under the identified provision and actual completion route. Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms.
An appeal is pending and the notice specifies a payment period longer than 28 days. The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction. The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction. No automatic final date follows from this scenario.
Which conditions and exceptions apply?
- Applicable procedure and actual event
- The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
- Counting and completion boundary
- Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms.
- The notice can allow longer than 28 days. Appeal, variation and enforcement restrictions are separate; do not infer an automatic payment suspension merely from a recovery restriction.
- Person subject to the penalty notice. Giving the penalty notice. Pay the regulator according to the notice. Schedule 16 paragraph 6 sets the floor and paragraph 9 controls recovery action. Retain the actual payment terms.
What must the responsible actor complete?
Questions about this procedure
When must a data protection penalty be paid?
Is every penalty due in 28 days?
No. Paragraph 6 requires the specified period to be at least 28 days.
Data Protection Act 2018, Schedule 16 paragraphs 5–9Does an appeal automatically change the notice’s payment wording?
Do not equate paragraph 9’s recovery restrictions with rewriting the specified payment period.
Data Protection Act 2018, Schedule 16 paragraphs 5–9Can variation shorten payment time?
Paragraph 7(3)(a) prohibits reducing the payment period.
Data Protection Act 2018, Schedule 16 paragraphs 5–9Can variation increase the penalty?
Paragraph 7(3)(b) prohibits an increase.
Data Protection Act 2018, Schedule 16 paragraphs 5–9What happens after cancellation?
Paragraph 8 requires repayment of amounts paid and restricts further action for that failure.
Data Protection Act 2018, Schedule 16 paragraphs 5–9Which information controls actual payment?
The complete notice’s payment method, specified period and any valid variation or cancellation.
Data Protection Act 2018, Schedule 16 paragraphs 5–9Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Data Protection Act 2018, Schedule 16 paragraphs 5–9 | Check the identified procedure, event, counting rule or qualification |