Legislation – Data (Use and Access) Act 2025

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Part 1Access to customer data and business data

Introductory

1Customer data and business data

(1)

This Part confers powers on the Secretary of State and the Treasury to make provision in connection with access to customer data and business data.

(2)

In this Part—

“business data”, in relation to a trader, means—

(a)

information about goods, services and digital content supplied or provided by the trader,

(b)

information relating to the supply or provision of goods, services and digital content by the trader (such as, for example, information about—

(i)
where goods, services or digital content are supplied or provided,
(ii)
prices or other terms on which they are supplied or provided,
(iii)
how they are used, or
(iv)
their performance or quality),

(c)

information relating to feedback about the goods, services or digital content (or their supply or provision), and

(d)

information relating to the provision of information described in paragraphs (a) to (c) to a person in accordance with data regulations;

“customer data” means information relating to a customer of a trader, including—

(a)

information relating to goods, services and digital content supplied or provided by the trader to the customer or to another person at the customer’s request (such as, for example, information about—

(i)
prices or other terms on which goods, services or digital content are supplied or provided to the customer or the other person,
(ii)
how they are used by the customer or the other person, or
(iii)
their performance or quality when used by the customer or the other person), and

(b)

information relating to the provision of information described in paragraph (a), or of other information relating to a customer of a trader, to a person in accordance with data regulations;

“data holder”, in relation to customer data or business data of a trader, means—

(a)

the trader, or

(b)

a person who, in the course of a business, processes the data;

“data regulations” means regulations under section 2 or 4 (and see section 23);

“trader” means a person who supplies or provides goods, services or digital content in the course of a business, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

(3)

For the purposes of this Part, a person (“C”) is a customer of a trader (“T”) if C has at any time—

(a)

purchased goods, services or digital content supplied or provided by T (whether for use by C or another person),

(b)

been supplied or provided by T with goods, services or digital content purchased from T by another person, or

(c)

otherwise received goods, services or digital content free of charge from T.

(4)

In subsection (3), the references to purchase, supply, provision or receipt of goods, services or digital content at any time include purchase, supply, provision or receipt before this section comes into force.

(5)

In subsections (3) and (4), references to purchasing goods, services or digital content include entering into an agreement to do so.

(6)

In this Part—

(a)

a reference to providing customer data or business data to a person (however expressed) includes a reference to providing the person with access to such data or with the ability to provide other persons with access to such data, and

(b)

a reference to a person receiving customer data or business data (however expressed) includes a reference to a person obtaining access to such data or the ability to provide other persons with access to such data.