Data (Use and Access) Act 2025

Prospective

Section 112

Schedule 12 U.K. Storing information in the terminal equipment of a subscriber or user

Commencement Information

I1 Sch. 12 not in force at Royal Assent, see s. 142(1)

In the PEC Regulations, before Schedule 1 insert—

Regulation 6

“Schedule A1 U.K. Storing information in the terminal equipment of a subscriber or user

Interpretation

1. (1) In this Schedule, “website” includes a mobile application and any other platform by means of which an information society service is provided.

(2) For further provision about the interpretation of this Schedule, see regulation 6(2).

Consent

2. (1) Regulation 6(1) does not prevent a person storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user if the subscriber or user—

(a) is provided with clear and comprehensive information about the purpose of the storage or access, and

(b) gives consent to the storage or access.

(2) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user for the same purpose on more than one occasion, it is sufficient that the requirements of sub-paragraph (1) are met in respect of the initial use.

(3) For the purposes of sub-paragraph (1)(b), the means by which the subscriber or user may signify consent include—

(a) amending or setting controls on the internet browser which the subscriber or user uses;

(b) using another application or programme.

Transmission of a communication over an electronic communications network

3. Regulation 6(1) does not apply to—

(a) technical storage of information in the terminal equipment of a subscriber or user, or

(b) technical access to information stored in such equipment,

for the sole purpose of carrying out the transmission of a communication over an electronic communications network.

Storage or access strictly necessary to provide an information society service

4. (1) Regulation 6(1) does not apply to—

(a) technical storage of information in the terminal equipment of a subscriber or user, or

(b) technical access to information stored in such equipment,

where the storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.

(2) For the purposes of this paragraph, the technical storage of, or technical access to, information is strictly necessary for the provision of an information society service requested by the subscriber or user if, for example, the storage or access is strictly necessary—

(a) to protect information provided in connection with, or relating to, the provision of the service requested,

(b) to ensure that the security of the terminal equipment of the subscriber or user is not adversely affected by the provision of the service requested,

(c) to prevent or detect fraud in connection with the provision of the service requested,

(d) to prevent or detect technical faults in connection with the provision of the service requested, or

(e) to enable either of the following things to be done where necessary for the provision of the service requested—

(i) automatically authenticating the identity of the subscriber or user, or

(ii) maintaining a record of selections made on a website, or information put into a website, by the subscriber or user.

Collecting information for statistical purposes

5. (1) Regulation 6(1) does not prevent a person storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user if—

(a) the person provides an information society service,

(b) the sole purpose of the storage or access is to enable the person—

(i) to collect information for statistical purposes about how the service is used with a view to making improvements to the service, or

(ii) to collect information for statistical purposes about how a website by means of which the service is provided is used with a view to making improvements to the website,

(c) any information that the storage or access enables the person to collect is not shared with any other person except for the purpose of enabling that other person to assist with making improvements to the service or website,

(d) the subscriber or user is provided with clear and comprehensive information about the purpose of the storage or access, and

(e) the subscriber or user is given a simple means of objecting, free of charge, to the storage or access and does not object.

(2) In sub-paragraph (1), the reference to gaining access to information stored in the terminal equipment of a subscriber or user does not include a reference to collecting or monitoring information automatically emitted by the terminal equipment.

(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user for the same purpose on more than one occasion, it is sufficient that the requirements of sub-paragraph (1)(d) and (e) are met in respect of the initial use.

Website appearance etc

6. (1) Regulation 6(1) does not prevent a person storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user if—

(a) the person provides an information society service by means of a website,

(b) the sole purpose of the storage or access is—

(i) to enable the way the website appears or functions when displayed on, or accessed by, the terminal equipment to adapt to the preferences of the subscriber or user, or

(ii) to otherwise enable an enhancement of the appearance or functionality of the website when displayed on, or accessed by, the terminal equipment,

(c) the subscriber or user is provided with clear and comprehensive information about the purpose of the storage or access, and

(d) the subscriber or user is given a simple means of objecting, free of charge, to the storage or access and does not object.

(2) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user for the same purpose on more than one occasion, it is sufficient that the requirements of sub-paragraph (1)(c) and (d) are met in respect of the initial use.

Emergency assistance

7. Regulation 6(1) does not prevent a person storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user if—

(a) the person receives a communication from the terminal equipment,

(b) the communication is a request from the subscriber or user for emergency assistance or otherwise indicates that the subscriber or user is in need of emergency assistance, and

(c) the sole purpose of the storage or access is to enable the geographical position of the subscriber or user to be ascertained with a view to the emergency assistance being provided.”