Data Use and Access Act 2025: plans for commencement
A summary of the government’s plans for bringing into force provisions in the Data (Use and Access) Act 2025.
Background
The Data (Use and Access) Act (“the Act”) received Royal Assent on 19 June 2025. Some of the provisions in the Act will come into force automatically by virtue of section 142 of the Act. This includes any regulation-making powers in the Act, including those in Part 1 allowing for the future development of smart data schemes.
Many of the Act’s provisions will need to be commenced via regulations. The government plans to commence these provisions in 4 main stages, set out below. This is not a complete list of measures in the Act but is intended to illustrate the government’s staged approach to commencement.
Stage 1
Stage 1 will include the commencement of technical provisions which clarify aspects of the legal framework; and measures requiring the government to publish an impact assessment, a report and a progress update on Artificial Intelligence (AI) and copyright issues.
Stage 2
Stage 2, 3 to 4 months after Royal Assent, will include the commencement of most of the measures on digital verification services in Part 2 of the Act; and measures in Part 7 on the retention of information by providers of internet services in connection with the death of a child.
Stage 3
Stage 3, approximately 6 months after Royal Assent, will include the commencement of the main changes to data protection legislation in Part 5 of the Act; and the provisions on information standards for health and adult social care in England in Part 7.
Stage 4
Stage 4, more than 6 months after Royal Assent, will include the commencement of provisions that require a longer lead-in time. Examples include measures on the National Underground Register in Part 3 of the Act, and the electronic system of registering births and deaths in Part 4, which rely on appropriate technology being in place. Changes to the Information Commissioner’s Office (ICO) governance structures in Part 6 of the Act will take place once members of the Information Commission’s new Board have been appointed. This is expected in early 2026.
Summary of Stage 1 regulations
These regulations bring into force specified provisions of the Data (Use and Access) Act 2025 on 20 August 2025. They are the first commencement regulations made under the Act. They include:
- technical provisions
- new statutory objectives for the Information Commissioner’s Office when carrying out its functions
- provisions requiring the government to prepare a progress update and a report on copyright works and artificial intelligence systems.
The regulations
| Regulation | Date |
|---|---|
| The Data (Use and Access) Act 2025 (Commencement No.1) Regulations 2025 | 21 July 2025 |
(Published on legislation.gov.uk).