Part 1

Access to customer data and business data

Data regulations

Power to make provision in connection with business data
4
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
In this Part, in relation to business data, “third party recipient” means a person of a description specified by provision made under subsection (1)(b) (and see section 25(1)).
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.
S. 4 in force at Royal Assent for specified purposes, see s. 142(1)(2)(h)
S. 4 in force at 20.8.2025 in so far as not already in force by S.I. 2025/904, reg. 2(a)