The much-awaited Data (Use and Access) Bill, also referred to as the DUA Bill, has been passed and now awaits Royal Assent, after which it will be known as the Data (Use and Access) Act 2025.
The DUA Bill intends to modernise the UK’s data regime and aims to support the economy, improve public services and facilitate more streamlined compliance processes; without impacting the key facets of the GDPR legislation.
The Bill was introduced to the House of Lords in October 2024, and is based on the previous Conservative government’s Data Protection and Digital Information Bill that was first introduced during the 2022/23 parliamentary session.
Taylor Wessing’s Miles Harmsworth set out the key objectives of the soon-to-be act, which involve enabling business data sharing, reforms to the UK GDPR and the introduction of digital verification services.
Debbie Heywood, senior counsel at the firm, outlined the reason for the delay in the Bill’s progress. “Ironically, the opposition to the Bill in its final stages did not focus on the data elements,” she wrote.
“The House of Lords began introducing successive amendments relating to the use of copyright materials to train AI. Amendments to require transparency around data scraping and use of text and data to train GPAI models, either in the Bill itself or under separate legislation, ultimately failed.”
She noted that the Lords eventually managed to come to an agreement with the government. “The Lords were ultimately able to get the government to agree to publish a report on its copyright and AI proposals […] within nine months of the DUA Bill getting Royal Assent, with an interim report to be published within six months,” Heywood continued.
“While there was reported dissatisfaction with the compromise, the Lords finally accepted the Bill, allowing it to pass to Royal Assent.”
The ‘ping-pong’ effect has meant that many core items will not take effect immediately, with implementation potentially delayed by several months.
Ropes & Gray data, privacy and cybersecurity counsel Edward Machin adds that these delays prompt wider questions on AI legislations. “Parliament has kicked the can down the road on the Bill’s most controversial provisions, concerning the transparency of AI models and the protection of copyright owners,” he said.
“Against the backdrop of the UK’s first major trial on AI and copyright works, debates globally on how to regulate artificial intelligence and the government wanting to maintain a light-touch regime for AI, the Parliamentary ping-pong over whether to include these provisions in the Bill makes clear that there will now be a real fight over when and how to legislate AI in the UK.”
Addleshaw Goddard’s Rebecca Newman explained how “a regulatory gap” has been left. “The government’s decision to hold back on legislating at this stage is, in some ways, pragmatic […] acting now risks cutting across both processes,” she explained.
“Holding back gives time to build a more thought-out and less reactive framework. That said, when regulation finally arrives, whether it favours creatives or developers will ultimately depend on the political climate of the day.”
The Data (Use and Access) Bill could potentially come into law before the summer recess in mid-July.
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