How Many Days Does a Data Controller Have to Comply With a Data Subject Exercising Their Rights?

Data subject rights under the UK GDPR give individuals greater control over their personal data. When a request is made, data controllers must act promptly and within legal timeframes.

Understanding how many days a data controller has to comply is essential for ensuring compliance and avoiding regulatory penalties.

This guide explores the official time limits, extension conditions, and the expectations set by the Information Commissioner’s Office (ICO) to help organisations respond accurately and efficiently to such requests.

What Are the Main Rights of a Data Subject Under UK GDPR?

The UK GDPR gives individuals specific rights over their personal data. These rights are designed to offer transparency and control, ensuring that individuals understand and influence how their data is handled by organisations.

These rights are not absolute but must be respected unless specific exemptions apply. Understanding each of these rights helps clarify a data controller’s responsibilities when a request is made.

Key rights include:

• Right of access: Allows individuals to request and receive copies of their personal data.
• Right to rectification: Enables corrections to inaccurate or incomplete data.
• Right to erasure: Sometimes referred to as the ‘right to be forgotten,’ this allows data to be deleted in certain cases.
• Right to restrict processing: Prevents further use of data while a dispute is being resolved.
• Right to data portability: Permits the transfer of personal data between service providers.
• Right to object: Provides the ability to stop processing based on legitimate interests or for direct marketing purposes.
• Rights related to automated decision-making: Includes safeguards against harmful automated decisions without human intervention.

Data controllers must be able to recognise which right is being invoked and follow a set process for responding to it.

What Is the Legal Timeframe for Responding to a Data Subject Request?

The UK GDPR provides a clear legal timeframe for responding to data subject requests. Once a request is received, data controllers have one calendar month to provide a full response.

The one-month period begins the day after receipt of the request, not when the request is opened, acknowledged, or read.

If the same date does not exist in the following month (e.g., from 31 January to February), the response must be sent by the last day of the following month.

This period is not extendable by default but can be extended under specific conditions.

Standard Timeframe for SAR Compliance

The GDPR also requires that data controllers respond without undue delay, which means responses should be issued as quickly as reasonably possible, even if the full month has not passed.

Can the Response Period Be Extended Beyond One Month?

Extensions are allowed under Article 12(3) of the UK GDPR. This is relevant when requests are particularly complex, or if an individual has made numerous requests simultaneously.

An extension of up to two additional months is permitted, bringing the maximum response period to three months from the original request date.

Before an extension can be applied, the data controller must inform the individual:

• That an extension is being used
• The reason for the extension
• When they can expect a full response

This information must be communicated within the original one-month period. Delaying this notification breaches GDPR compliance requirements.

What Happens If a Data Controller Fails to Comply on Time?

Failing to meet the legally defined deadline can result in significant consequences. Data subjects have the right to escalate non-compliance to the Information Commissioner’s Office (ICO).

The ICO may choose to:

• Issue a formal warning
• Conduct an investigation
• Apply administrative fines
• Impose compliance orders

In severe cases, penalties can reach up to £17.5 million or 4% of annual global turnover, depending on the nature and severity of the violation.

Non-compliance also affects business reputation. When individuals feel their rights are not respected, they are less likely to trust the organisation with their data again.

How Should a Data Controller Prepare to Meet GDPR Timelines?

Proactive preparation is key to compliance. Controllers must have clear systems and trained personnel to respond within the permitted timeframe.

Best practices include:

• Implementing internal policies for recognising and logging data subject requests
• Using standardised templates for responses
• Assigning clear roles to team members or a designated Data Protection Officer
• Ensuring fast retrieval of data across systems

Maintaining a log of requests and how they were handled can also serve as evidence of compliance if reviewed by the ICO.

Internal Preparation Checklist

By integrating data protection principles into daily operations, businesses can build trust while avoiding costly mistakes.

What Types of Data Subject Requests Must Be Addressed?

Different rights under the GDPR trigger different obligations from data controllers. Each type of request has specific expectations and response formats.

For instance:

• Right of access: The data controller must provide confirmation of whether personal data is being processed, access to the data, and supplementary information.
• Right to rectification: Must correct inaccurate data without undue delay.
• Right to erasure: The controller must delete data unless a legal obligation requires retention.
• Right to object: Must stop processing unless they can demonstrate compelling legitimate grounds.

A common misconception is that only subject access requests (SARs) require action. In fact, all rights-related requests are subject to the same response timeframe.

Are There Any Valid Reasons to Refuse a Data Subject Request?

Refusal is permitted in specific scenarios, but it must be justified and documented. The two most cited reasons for refusal under GDPR are:

1. Manifestly unfounded requests: These may be intended to harass or disrupt operations.
2. Excessive requests: Repetitive or overly burdensome, especially when similar requests have already been answered.

If a request is refused:

• The data subject must be informed within the usual timeframe
• The reason for refusal must be explained
• The individual must be informed of their right to complain to the ICO or take legal action

The organisation must also document the decision and be ready to defend it during audits or investigations.

What Are the ICO’s Expectations for Handling Data Subject Requests?

The Information Commissioner’s Office outlines expectations around transparency, accuracy, and timeliness. According to their guidance:

• Organisations should acknowledge receipt of a request as soon as possible.
• They should act on the request without delay and within the legally defined window.
• Any delays, refusals, or complications must be clearly communicated to the individual.

Additionally, the ICO expects organisations to implement data protection by design and by default.

This means building systems that support timely and lawful responses as part of routine operations.

Meeting these expectations not only avoids enforcement action but also contributes to long-term data protection maturity and public trust.

How Do Businesses Ensure Compliance With Data Protection Timelines?

Many organisations use a combination of policy and technology to ensure GDPR compliance is met consistently.

Practical strategies include:

• Establishing a data protection policy with procedures for handling requests
• Implementing compliance tracking tools that alert staff about upcoming deadlines
• Integrating data mapping tools to locate personal data quickly
• Performing internal audits to assess readiness and highlight gaps

Some businesses also subscribe to GDPR monitoring platforms or legal support services to stay updated with ICO guidance and regulation changes.

Ultimately, an organisation’s ability to meet subject request timelines hinges on how well it prepares for them operationally, legally, and culturally.

Conclusion

Complying with data subject requests within the legal timeframe is not only a regulatory requirement but also a mark of operational integrity.

By acting promptly and documenting responses, data controllers can meet the UK GDPR standards and foster trust among individuals.

Understanding the conditions for extensions, valid refusals, and ICO expectations ensures that organisations remain both compliant and accountable.

Prioritising timely responses protects against enforcement actions and strengthens the organisation’s overall data governance practices.

FAQs About Data Subject Request Timelines

What happens if a data subject does not receive a response within one month?

If the individual doesn’t receive a response within the required timeframe, they can complain to the ICO or take legal action. The data controller may be investigated and penalised for non-compliance.

When does the one-month deadline start for data subject requests?

The countdown begins the day after the request is received by the data controller, according to ICO guidance.

Can a data controller ask for ID before processing a request?

Yes. If identity verification is necessary, the controller can request ID documents. The clock pauses until the required information is received.

Are weekends and bank holidays counted in the one-month deadline?

Yes. The one-month timeframe is measured in calendar months, so all days count, including weekends and holidays.

Can a business charge a fee for handling a data subject request?

Generally, requests must be fulfilled free of charge. However, if the request is excessive or repetitive, a reasonable fee may be charged to cover administrative costs.

What should a business do if a request is too complex to meet in one month?

The organisation must notify the data subject of an extension within the first month and explain why more time is needed. They then have up to two more months to respond.

Is a subject access request the same as a data subject request?

A subject access request (SAR) is one type of data subject request — specifically relating to the right of access. Other types include rectification, erasure, and objection.

1. How Many Days Does a Data Controller Have to Comply With a Data Subject Exercising Their Rights?

Prompt:
A realistic office environment with a business professional reviewing a calendar marked with deadlines and compliance notes, symbolising GDPR response timelines, soft natural lighting, wide aspect ratio.

2. What Are the Main Rights of a Data Subject Under UK GDPR?

Prompt:
A legal professional presenting a digital interface displaying icons for privacy rights such as access, erasure, rectification, and portability, with a backdrop of the UK flag subtly integrated, realistic style, wide aspect ratio.

3. Can the Response Period Be Extended Beyond One Month?

Prompt:
A business person holding a document with “Extension Request” highlighted, alongside a digital clock and paperwork stacked on a desk, representing additional GDPR processing time, realistic office setting, wide aspect ratio.

4. What Types of Data Subject Requests Must Be Addressed?

Prompt:
A modern workspace with a laptop screen showing multiple GDPR icons like padlocks, data transfer arrows, and checkmarks, symbolising access, deletion, and objection requests, professional and realistic tone, wide aspect ratio.

5. How Do Businesses Ensure Compliance With Data Protection Timelines?

Prompt:
A team of compliance officers in a meeting room discussing GDPR policies with documents, charts, and laptops on the table, showing teamwork and structured planning for data protection, realistic style, wide aspect ratio.