Navigating the Data (Use and Access) Bill – What UK Businesses Need to Know

The UK has gone through significant data protection reforms with the introduction of the Data (Use and Access) Bill (DUAB). It’s expected to progress through Parliament relatively quickly, potentially leading to Royal Assent in the spring or summer of 2025. The bill is crucial for maintaining the UK’s data adequacy status with the EU, which needs to be renewed by June 27, 2025.

This legislation reshapes data processing, subject access rights, and automated decision-making, bringing notable shifts in how businesses handle personal data. With the growing need for streamlined data governance, organisations must prepare for the evolving regulatory landscape to ensure compliance and maintain consumer trust.

Key Changes in the Data (Use and Access) Bill

The DUAB introduces several critical updates to data processing, subject access rights, and automated decision-making. Some of the major changes include:

• Refining Subject Access Requests (SARs): Businesses will have greater flexibility in responding to SARs, particularly when requests are deemed excessive or vexatious. This update is expected to reduce administrative burdens while maintaining transparency for data subjects.
• New Grounds for Lawful Processing: The bill introduces clearer provisions around the lawful processing of personal data, particularly for organisations engaged in data sharing and transfers.
• Automated Decision-Making Protections: The legislation sets out stricter guidelines for automated decision-making, ensuring individuals have more control over decisions made without human involvement, particularly in financial services and recruitment.

Legitimate Interests for Data Processing

A key element of the DUAB is the expansion of legitimate interests as a lawful basis for processing data. Businesses will now have more clarity on when they can rely on this justification, particularly in the following areas:

• Data Sharing and Transfers: Organisations will have greater scope to process and share data where there is a legitimate business interest, provided appropriate safeguards are in place.
• E-Marketing and Customer Engagement: The bill refines regulations around direct marketing, allowing businesses to enhance customer experiences while ensuring data subjects retain opt-out rights.
• Employee Data Processing: Employers will have clearer guidance on processing employee data for HR, performance management, and internal analytics purposes.

The UK Data (Use and Access) Bill – Business Implications

This new legislation will have wide-reaching impacts on data governance, including:

• Regulatory Audits: Increased scrutiny of data practices means organisations must implement robust compliance frameworks to meet new audit requirements.
• Data Sharing Agreements: Businesses engaging in frequent data exchanges must review contracts and data-sharing agreements to align with the updated legal framework.
• Marketing and Customer Data: Companies must refine their e-marketing strategies to ensure compliance while still maintaining customer engagement and personalisation.

Smart Data: Preparing for Industry Changes

The DUAB also introduces Smart Data initiatives aimed at fostering innovation and competition, particularly in sectors like finance and healthcare. These schemes will enable consumers to securely share their data with third-party providers, unlocking opportunities for personalised services.

Key Considerations for Businesses:

• Adopting Secure Data-Sharing Technologies: Organisations must ensure their systems can facilitate secure and compliant smart data exchanges.
• Reviewing Customer Consent Mechanisms: Transparent consent processes will be crucial for businesses leveraging smart data to offer personalised services.
• Compliance with Emerging Standards: Companies should monitor regulatory developments to align their data practices with future industry guidelines.

How InfoAware Can Help

At InfoAware, we specialise in helping businesses navigate complex regulatory changes through customisable e-learning solutions. Our training courses cover key areas such as data protection, compliance management, and secure data handling, ensuring your workforce is equipped with the knowledge needed to comply with the Data (Use and Access) Bill. Our services include:

• Customisable off-the-shelf eLearning on data protection, compliance, and smart data
• Animation and video content to engage teams and explain complex changes
• A robust InfoAware Moodle LMS for deployment, tracking, and reporting across departments

We work across sectors – from IT & technology, construction, energy & utilities to charities, healthcare, pharma, public sector, and beyond.

You can contact us via our contact form, or email us at info@infoaware.com.