Part 1Access to customer data and business data
Data regulations
4Power to make provision in connection with business data
(1)
The Secretary of State or the Treasury may by regulations make provision requiring a data holder to publish business data or to provide business data—
(a)
to a customer of the trader to whom the business data relates, or
(b)
to another person of a specified description.
(2)
(3)
The Secretary of State or the Treasury may by regulations make provision enabling or requiring a data holder to produce, collect or retain, or arrange for the production, collection or retention of, business data.
(4)
The Secretary of State or the Treasury may by regulations—
(a)
make provision requiring a public authority that is a third party recipient in relation to business data (whether by virtue of those regulations or other data regulations), or a person appointed by such a public authority to do something with the business data, to publish business data or to provide business data—
(i)
to a customer of the trader to whom the business data relates, or
(ii)
to another person of a specified description,
(b)
make provision requiring a person who is a third party recipient in relation to business data (whether by virtue of those regulations or other data regulations), and who is appointed by a public authority to do something with the business data, to publish or provide business data as described in paragraph (a)(i) or (ii),
(c)
in relation to the public authority, or the appointed person referred to in paragraph (a) or (b), make any provision that could be made in relation to a data holder, in connection with business data, in reliance on subsection (3) or sections 5 to 21, other than provision imposing a levy on the public authority or person, and
(d)
in relation to a person to whom the public authority or appointed person is required to provide business data by virtue of provision made under paragraph (a) or (b), other than a customer described in paragraph (a)(i), make any provision that could be made in relation to a third party recipient in reliance on sections 5 to 21.
(5)
In deciding whether to make regulations under this section, the Secretary of State or the Treasury must have regard to (among other things)—
(a)
the likely effects for existing and future customers,
(b)
the likely effects for data holders,
(c)
the likely effect on small businesses and micro businesses,
(d)
the likely effect on innovation in the supply or provision of goods, services and digital content affected by the regulations or other goods, services and digital content, and
(e)
the likely effect on competition in markets for goods, services and digital content affected by the regulations or other markets.