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ICO consultation on data protection enforcement procedural guidance
United Kingdom | Publication | November 2025
The Information Commissioner’s Office (ICO) has published a consultation paper on new guidance about the process it follows when carrying out investigations and taking enforcement action using its powers under the UK General Data Protection Regulation and the Data Protection Act 2018.
The draft guidance is primarily aimed at organisations that process personal data and their advisers. It covers the ICO’s investigation process, from information gathering to reaching a decision on whether to use its statutory enforcement powers. The purpose of the new draft guidance is to provide organisations with more detail about the ICO’s approach and to give greater transparency on how enforcement powers are used.
The draft guidance does not cover the process followed in the prosecution of criminal offences. Information about the ICO’s criminal powers is set out in its separate prosecution policy statement.
The consultation closes on January 23, 2026.
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