Data Protection Atlas

Data Protection Act 2018 (Ireland)

Tier 2 In force

Ireland'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

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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 Custodial available

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.