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Section 127: Effect of codes issued under section 125(4)

Data Protection Act 2018 · 2018 c. 12View on legislation.gov.uk

Part 5: The Information Commissioner

A failure by a person to act in accordance with a provision of a code issued under section 125(4) does not of itself make that person liable to legal proceedings in a court or tribunal.

A code issued under section 125(4), including an amendment or replacement code, is admissible in evidence in legal proceedings.

In any proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code issued under section 125(4) in determining a question arising in the proceedings if—

the question relates to a time when the provision was in force, and
the provision appears to the court or tribunal to be relevant to the question.

Where the Commissioner is carrying out a function described in subsection (5), the Commissioner must take into account a provision of a code issued under section 125(4) in determining a question arising in connection with the carrying out of the function if—

the question relates to a time when the provision was in force, and
the provision appears to the Commissioner to be relevant to the question.

Those functions are functions under—

the data protection legislation, or
the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.