Data Governance Atlas UK edition

Data protection complaints

How a controller handles a data protection complaint under the duty in DPA 2018 s.164A, for complaints received from 2026-06-19: make complaining easy, acknowledge within 30 days, investigate, keep the person informed and give the outcome without undue delay.

Applies to
Every controller, for complaints about infringement of the UK GDPR or Part 3 DPA 2018 relating to the complainant's own data.
Instruments
DPA 2018, UK GDPR
Steps
7 steps, with a deadline calculator, including a step that carries a criminal offence.

Deadline calculator

Acknowledge a data protection complaint

Acknowledge within 30 days of receiving the complaint (complaints received from 2026-06-19).

Enter a date to calculate.

Basis: DPA 2018 s.164A(3). Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

Mechanics

Item Position
In force Complaints received from 2026-06-19 (SI 2026/82 regs 3 and 7)
Acknowledge Within 30 days of receipt (s.164A(3))
Respond Appropriate steps without undue delay, including enquiries and progress updates (s.164A(4) and (5))
Next stop Information Commission (Art 77)

Steps

  1. Make complaining easy

    Provide an easy route, such as an electronic complaint form, alongside other means (s.164A(2)). Publish it in your privacy information.

    See DPA 2018

  2. Log and acknowledge within 30 days

    Record the date received and acknowledge receipt within 30 days (s.164A(3)).

    See DPA 2018

  3. Identify what is being alleged

    Separate each allegation and tie it to the provision it engages. A complaint often contains a fresh rights request: if it does, start that clock too.

    See DPA 2018

  4. Make enquiries

    Take appropriate steps to investigate, to the extent appropriate, including asking the teams involved and reviewing records (s.164A(5)).

    See DPA 2018

    Criminal offence Do not alter or delete records connected with a pending subject access or portability request while investigating. Doing so to prevent disclosure is an offence under DPA 2018 s.173.
  5. Keep the complainant informed

    Tell them how the investigation is progressing (s.164A(5)).

    See DPA 2018

  6. Give the outcome without undue delay

    Explain what you found, what you have done, and that they can complain to the Information Commission if dissatisfied (s.164A(4); Art 77).

    See DPA 2018

  7. Record and learn

    Keep a record of complaints and outcomes. It is evidence of accountability and the regulator may ask for it.

    See UK GDPR

Checklists and tools for this procedure

Explainers

Sources