What to Expect from the Data (Use and Access) Bill: A Friendly Guide

Data protection and compliance are here to stay—and they’re constantly evolving. With new legislation coming into play, it’s important to stay ahead of the curve.

Enter the Data (Use and Access) Bill, introduced in October 2024, which replaces the previous Data Protection and Digital Information Bill.

So, what does this mean for your business, and what key changes should you be aware of?

Let’s break it down:

What is the Data (Use and Access) Bill All About?

This new bill focuses on a few key areas:

• Customer Data: How businesses manage and protect personal data.
• Enforcement: Strengthening rules around compliance and penalties.
• Smart Data: Particularly in sectors like financial services and telecoms, where data is shared via APIs (Application Programming Interfaces).

The overall goal of the bill is to align with the UK Government’s vision to:

• Promote competition within digital markets.
• Clarify digital identity and verification processes.
• Improve personal data protections for individuals.
• Encourage data innovation, especially for businesses looking to use data creatively.
• Clarify enforcement and regulatory rights.
• Change the rules on cookies and trackers to simplify compliance.
• Improve service delivery through better data practices.

What Are the Key Changes to Expect?

There are several important updates in the bill that will affect how businesses handle data. Here’s a quick look at the most significant ones:

1. Cookie and Marketing Rules: Fines for non-compliance with cookie and electronic marketing rules will now align with the penalties under the UK GDPR. This means stricter enforcement, so it’s crucial to get your cookie policies in order.
2. International Data Transfers: When transferring data to countries outside the UK, the Government is proposing a new standard for assessing whether a country’s data privacy laws are adequate. If they’re not “materially lower” than the UK’s laws, then the transfer can proceed without additional hurdles.
3. Responding to Data Subject Access Requests (DSARs): There will be clearer guidelines for businesses on how to handle requests for data from individuals (DSARs), including what constitutes a “reasonable” search for the requested data.
4. Cookie Consent Changes: Currently, consent is needed for analytics cookies. However, the bill proposes that consent may not be necessary for certain “low-risk” cookies, easing some compliance burdens.
5. Legitimate Interests for Marketing: For direct marketing and intra-group data transfers, businesses will be able to rely on the “legitimate interests” basis for processing data, removing the need for a separate legitimate interest assessment.

Does This Apply to Your Business?

Yes, it does! Any business that processes personal data—whether it's customer information or employee records—will need to comply with these new rules. This includes small and medium-sized businesses, not just big corporations.

Why Is This Important?

The European Union is currently reviewing the UK’s data protection “adequacy” status. If the UK loses this status, it could make it more difficult for businesses to transfer data between the UK and the EU. By updating and improving compliance with the new bill, businesses can help ensure the UK maintains its adequacy status and avoid future challenges.

Moreover, non-compliance with cookie policies and data handling rules can lead to complaints, legal action, and financial penalties. With more individuals seeking compensation for breaches, staying compliant will save your business from costly mistakes.

What Should You Do Now?

Now’s the time to make sure your business is on the right track. Here are some steps to consider:

• Review Your Current Data Protection Policies: Check your privacy policies, cookie policies, and how you handle pop-ups.
• Verify Data Mapping and Record-Keeping: Make sure you have an up-to-date record of your processing activities and a data map that tracks where personal data flows within your business.
• Audit Your Contracts: Review your agreements with data processors to ensure they meet the latest compliance standards.
• Prepare for Data Breaches and DSARs: Update your procedures for responding to data breaches, retention policies, and how you handle Subject Access Requests.

If a full compliance audit feels like a big task, don’t worry. You can start by reviewing these areas and then move forward with a more comprehensive audit if needed.

Need Help? We’re Here for You!

If you’re feeling unsure about how to stay compliant or need help with specific areas like data privacy or security audits, we’re here to assist. Give us a call at 0118 353 6000 or email us at [email protected].

We’d be happy to help guide you through the changes and ensure your business is fully prepared for what’s ahead.

Staying compliant doesn’t have to be complicated—let us help you make it easy!