Legislation – The Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026

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Introduction

1 Citation and interpretation

2 Provisions of the 2025 Act coming into force on 5th February 2026

3 Provisions of the 2025 Act coming into force on 19th June 2026

4 Savings provisions relating to section 76 (time limits for responding to data subjects’ requests)

5 Saving provision relating to section 80 and Schedule 6 (automated decision-making)

6 Saving provision relating to section 101 (penalty notices)

7 Transitional provision relating to section 103 and Schedule 10 (complaints by data subjects)

8 Transitional provision relating to section 115 and Schedule 13 (Commissioner’s enforcement powers): investigatory powers

9 Saving provision for exercise of powers begun under the PEC Regulations before 5th February 2026

10 Saving provision for audits begun under regulations 5 and 5B of the PEC Regulations before 5th February 2026

11 Transitional and savings provisions for enforcement action

12 Amendment of the 2018 Act

Signature

Explanatory note

Transitional provision relating to section 115 and Schedule 13 (Commissioner’s enforcement powers): investigatory powers8.

(1)

On or after 5th February 2026, the Commissioner may exercise any investigatory powers applied to the PEC Regulations by regulation 319 (as substituted by section 115(5) of the 2025 Act), regardless of when the conduct to which the exercise of that power relates occurred.

(2)

Paragraph (1) does not authorise the imposition of any enforcement sanction in respect of an act or omission occurring before 5th February 2026 (see the availability of enforcement sanctions in regulation 11).