Section 198 — Data Protection Act 2018: Liability of directors etc

Liability of directors etc 198 1 Subsection (2) applies where—

a an offence under this Act has been committed by a body corporate, and b it is proved to have been committed with the consent or connivance of or to be attributable to neglect on the part of—

i a director, manager, secretary or similar officer of the body corporate, or ii a person who was purporting to act in such a capacity.

2 The director, manager, secretary, officer or person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

3 Where the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts and omissions of a member in connection with the member's management functions in relation to the body as if the member were a director of the body corporate.

4 Subsection (5) applies where—

a an offence under this Act has been committed by a Scottish partnership, and b the contravention in question is proved to have occurred with the consent or connivance of, or to be attributable to any neglect on the part of, a partner.

5 The partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.