ICO launches new Data Sharing Code in line with GDPR and DPA 2018

Data sharing code

The ICO’s updated Data Sharing Code will provide companies with practical guidelines about how to share personal data in compliance with data protection legislation.

In today’s highly digital, increased-efficiency focused era, data sharing undoubtedly plays a significant role. Indeed major technological shifts in how organizations do business present pretty persuasive arguments for the need for data sharing. Just as prevalent however are the related privacy concerns.

For public and private organizations alike, the balancing act of sharing data without compromising sensitive personal information is vital. Not to mention the need to ensure compliance with GDPR and the Data Protection Act 2018.

The good news is that the update to the ICO data sharing code  of practice is well on its way to being finalized.

Prepared under section 121 of the Data Protection Act 2018, the updated ICO data sharing code—currently in draft—will serve as a practical guide for organisations about how to share personal data in compliance with data protection legislation.

As noted in the draft code summary, the code explains the law and provides good practice recommendations. As such, “following it along with other ICO guidance will help companies manage risks; meet high standards; clarify any misconceptions organisations may have about data sharing; and give confidence to share data appropriately and correctly.”

According to the ICO the code will also address many aspects of the new legislation including transparency, lawful bases for processing, the new accountability principle and the requirement to record processing activities.

It is also important to note that in accordance with section 127 of the DPA the ICO will take the code into account when considering whether organisations have complied with their data protection obligations in relation to data sharing. In particular, the Commissioner will take the code into account when considering questions of fairness, lawfulness, transparency and accountability under the GDPR or the DPA. The code can also be used in evidence in court proceedings, and the courts must take its provisions into account wherever relevant.

Public consultations of the draft data sharing code was launched in July and came to an end on September 9th. The draft code is now expect to be approved by Parliament before it becomes a statutory code of practice.


Do you require assistance with GDPR and Data Protection Act 2018 compliance? Aphaia provides both GDPR adaptation consultancy services, including data protection impact assessments, and Data Protection Officer outsourcing.

Leave a Comment


Your email address will not be published. Required fields are marked *