Data Protection Act 2018 (Ireland)
Tier 2 In forceIreland's GDPR implementing act. Two features matter disproportionately given the number of large technology companies with their EU establishment here: the digital consent age is set at 16 rather than the 13 most summaries assume, and the Act creates indictable offences carrying custody, which sit entirely outside the DPC's administrative fining power.
Identity
- Citation
- Data Protection Act 2018 (No. 7 of 2018)
- Jurisdiction
- Ireland
- Type
- implementing
Criminal liability
A distinct track, separate from the regulatory penalties below. The same failure can attract both — a penalty notice against the organisation and a prosecution of the individual.
Indictable offences under the Act — Data protection offences triable on indictment
The Act creates offences triable on indictment, separate from and additional to the administrative fines the Data Protection Commission may impose under the GDPR.
- Penalty
- Up to €250,000 and/or 5 years
- Imprisonment
- Available
Regulatory enforcement
Public bodies can be fined. The DPC is moving to a multi-Commissioner model, and section 26 confidentiality — with the contested section 26A — governs what it may disclose about its own proceedings.
Sources
- Primary Data Protection Act 2018 (No. 7 of 2018) Irish Statute Book no verified URL yet
URL unconfirmed.
Never independently verified — seeded from the prototype.