Section 116 inserts new regulations 32A, 32B and 32C into the PEC Regulations.
	Under regulation 32A the Information Commissioner must encourage representative bodies to draw up PEC Regulations codes of conduct. Codes of conduct are voluntary accountability tools, enabling sectors to identify key compliance challenges in their sector with the approval of the Information Commissioner that the code, and its monitoring, is appropriate. They are written by an organisation or association representing a sector in a way that the sector understands.
	New regulations 32A(1) and (2) require the Information Commissioner to encourage the production of codes of conduct which take account of specific features of different sectors.
	New regulation 32A(3) sets out an illustrative list of the matters that a code of conduct may make provisions regarding.
	New regulations 32A(4) and (5) set out the requirements for the Information Commissioner's approval of a code of conduct. Namely, following receipt of a draft code the Commissioner will provide an opinion to the representative body on whether the code correctly reflects the requirements of the relevant PEC Regulations. Codes approved by the Commissioner are to be registered and published.
	Codes of conduct require a monitoring method, and for private or non-public authorities, a monitoring body to deliver them. New regulation 32A(6) states that the Information Commissioner may only approve codes if they meet these requirements.
	New regulation 32A(7) sets out how amendments to an approved code will be managed. This provision specifically applies paragraphs (4)-(6) to an amended code.
	New regulation 32A(8) provides for a code of conduct under paragraph (1) to be contained in the same document as a code of conduct described in Article 40 of the UK GDPR and makes it clear that a provision in the code of conduct can address requirements under both the PEC Regulations and the UK GDPR. This will enable the Information Commissioner to give an opinion on whether the code complies with the UK GDPR and relevant PEC Regulations or just relevant PEC Regulations.
	New regulation 32A(9) sets out the meaning of terms used in the regulation.
	New regulation 32B permits the Commissioner to accredit a body where the monitoring body meets certain conditions. They include, for example, that the monitoring body has established relevant procedures and structures to handle complaints about infringements of the code, and that it has demonstrated its independence and does not have a conflict of interest. New regulation 32B(1) permits the Commissioner to accredit a body for the purpose of monitoring a code described under regulation 32A(1). The role of the monitoring body will be to monitor whether an organisation, other than a public body, complies with the code.
	New regulation 32B(2) sets out the criteria that an organisation must meet to be accredited by the Commissioner as a monitoring body for a code.
	New regulation 32B(3) requires the Commissioner to publish guidance about how they propose to take decisions about accreditation under this regulation.
	New regulation 32B(4) requires the monitoring body to take appropriate action where it identifies that an infringement of the code has occurred. If the action taken consists of suspending or excluding a person from the code then the monitoring body is required to inform the Commissioner under new regulation 32B(5) and to provide reasons for why they have taken that action.
	New regulation 32B(6) requires the Commissioner to revoke a monitoring body’s accreditation if they consider that the body no longer meets the requirements for accreditation, or has failed to take action when the code has been infringed, or has failed to inform the Commissioner when a person has been suspended or excluded from the code.
	New regulation 32B(7) states that in this regulation the term "public body" has the same meaning as in regulation 32A.
	New regulation 32(C) sets out that adherence to a code of conduct approved under regulation 32A may be used by a person as a means of demonstrating compliance with the relevant requirements of the PEC Regulations covered by that code.
	Subsection (3) of section 116 amends regulation 33 of the PEC Regulations. The amendment requires OFCOM to comply with any reasonable requests made by the Commissioner in connection with their functions under regulation 32A and regulation 32B.
	Subsection (4) amends new Schedule 1 to the PEC Regulation which is inserted by Schedule 13 to this Act. The amendment adds regulations 32B(4) and 32B(5) to the list of provisions for which a penalty notice may impose the higher maximum penalty in the event of an infringement.
Part 5: Data Protection and Privacy Chapter 2: Privacy and electronic communications Section 116: Codes of conduct