Data Governance Atlas UK edition

Codes of practice map

The layer between the statute and the practice: statutory codes (which courts and regulators must take into account) and the regulators' key guidance (which they do not), for data protection, PECR and both FOI regimes. Each line is an instrument the code sits under.

Age Appropriate Design Code

Statutory code In force Data protection

Basis
DPA 2018 s.123
Issued by
Information Commission
Legal effect
Statutory code under s.127, in force since 2020-09-02 with a twelve-month transition to 2021-09-02. Fifteen standards for online services likely to be accessed by children.
Covers
Design of online services likely to be accessed by children.
Sits under
DPA 2018, UK GDPR
Put it into practice
Children's data by design

Anonymisation and pseudonymisation guidance

Guidance In force Data protection

Basis
Regulator guidance (non-statutory)
Issued by
Information Commission
Legal effect
Not binding. Published 2025-03-28; reflects the regulator's view of when data stops being personal data. The regulator has said it is reviewing the guidance for the DUAA.
Covers
Identifiability, anonymisation techniques, pseudonymisation and the s.171 re-identification offence.
Sits under
UK GDPR, DPA 2018
Put it into practice
Anonymisation and pseudonymisation

Data protection and journalism code of practice

Statutory code In force Data protection

Basis
DPA 2018 s.124
Issued by
Information Commission
Legal effect
Statutory code under s.127, in force since 2024-02-22. Courts, tribunals and the regulator must take it into account on the special purposes exemption in DPA 2018 Sch 2 para 26.
Covers
Processing for journalism and the special purposes exemption.
Sits under
DPA 2018

Data sharing code of practice

Statutory code In force Data protection

Basis
DPA 2018 s.121
Issued by
Information Commission (issued by the Commissioner)
Legal effect
In force since 2021-10-05. Admissible in proceedings, and courts, tribunals and the regulator must take relevant provisions into account (DPA 2018 s.127). Not law in itself, but departing from it needs a reason.
Covers
Sharing personal data between controllers, including public sector sharing and data sharing agreements.
Sits under
DPA 2018, UK GDPR
Put it into practice
Records of processing (Art 30), Disclosures to third parties

List of processing operations requiring a DPIA

Guidance In force Data protection

Basis
UK GDPR Art 35(4)
Issued by
Information Commission
Legal effect
Published under a statutory duty: processing on the list is treated as likely to result in high risk, so a DPIA is required.
Covers
When a DPIA is mandatory beyond the Art 35(3) cases.
Sits under
UK GDPR
Put it into practice
DPIA screening, Data protection impact assessments that are worth doing

Direct marketing code of practice

Statutory code Not in force Electronic communications

Basis
DPA 2018 s.122
Issued by
Information Commission
Legal effect
No statutory code is in force. The regulator consulted on a draft s.122 code in 2020 but never brought one into force, so there is no s.127 code to take into account. The regulator's non-statutory direct marketing guidance applies instead, including its guidance on the charitable purpose soft opt-in added by the DUAA.
Covers
Direct marketing under PECR and the UK GDPR.
Sits under
PECR, UK GDPR, DPA 2018
Put it into practice
Electronic marketing permission

Guide to PECR

Guidance In force Electronic communications

Basis
Regulator guidance (non-statutory)
Issued by
Information Commission
Legal effect
Not binding. The regulator's reading of PECR, including breach reporting and, in final guidance published 2026-04-29, the storage and access exceptions added by the DUAA 2025.
Covers
Marketing, cookies and storage and access, security breaches for communications providers.
Sits under
PECR
Put it into practice
Cookie and storage exemption audit, Electronic marketing permission, Breach: should the Information Commission be told?

Code of practice under the Environmental Information Regulations

Statutory code In force Environmental information

Basis
EIR 2004 reg 16
Issued by
Secretary of State
Legal effect
Guidance on discharging EIR obligations; conformity can be enforced through practice recommendations.
Covers
Handling environmental information requests.
Sits under
EIR 2004
Put it into practice
EIR request response (EIR 2004)

Code of practice on the discharge of public authorities' FOI functions

Statutory code In force Freedom of information

Basis
FOIA 2000 s.45
Issued by
Cabinet Office (Minister for the Cabinet Office)
Legal effect
Not binding, but the regulator can issue a practice recommendation where an authority does not conform (FOIA 2000 s.48). Covers internal review timescales.
Covers
Advice and assistance, transferring requests, consultation, internal review (20 working days, 40 at most).
Sits under
FOIA 2000
Put it into practice
FOI request response (FOIA 2000)

Code of practice on the management of records

Statutory code In force Freedom of information

Basis
FOIA 2000 s.46
Issued by
Secretary of State (with The National Archives)
Legal effect
Not binding; practice recommendations under s.48 for non-conformity.
Covers
Records management for public authorities, so information can be found when requested.
Sits under
FOIA 2000
Put it into practice
FOI request response (FOIA 2000), Retention: schedules, deletion and the backup gap

Scottish Ministers' code of practice on FOISA functions

Statutory code In force Freedom of information

Basis
FOISA 2002 s.60
Issued by
Scottish Ministers
Legal effect
The Scottish Information Commissioner can issue a practice recommendation for non-conformity (FOISA 2002 s.44).
Covers
Handling requests by Scottish public authorities.
Sits under
FOISA 2002, EIRS 2004
Put it into practice
Scottish FOI and EIR response (FOISA 2002, EIRS 2004)

Scottish Ministers' code of practice on records management

Statutory code In force Freedom of information

Basis
FOISA 2002 s.61
Issued by
Scottish Ministers
Legal effect
Practice recommendation for non-conformity (FOISA 2002 s.44).
Covers
Records management for Scottish public authorities.
Sits under
FOISA 2002
Put it into practice
Retention: schedules, deletion and the backup gap