Government Consultations On UK Data Protection Law – An Opportunity To Create Clearer Rules Whilst Ensuring High Standards Of Protection

The government recently launched consultations on the relationship between data, privacy and AI,¹ and on international data transfers.² The government is seeking practical examples of what is working well and where there is still a lack of clarity on how the data protection regime operates. The evidence gathered during the consultations will help to inform future policy, including guidance, targeted changes or fundamental reform. These consultations close on 9^th September 2026.

This is a key moment to consider these aspects. Although the Data (Use and Access) Act 2025 was only enacted last year, the debate has shifted significantly since then.

The paramount consideration leading up to the enactment of the Data (Use and Access) Act 2025 was that the UK needed to ensure that the free flow of data from the EU to the UK would continue. That consideration acted as a constraint on the UK’s ability to make changes to the UK GDPR.

Now the debate in the EU on its approach to regulation has changed significantly. The Draghi Report on The Future of European Competitiveness³ emphasised the need for growth and warned of the stifling effect of regulatory burdens on EU companies. In response, the EU has published a Digital Omnibus⁴ making suggested amendments to the GDPR.

The EU’s proposed amendments to the GDPR are modest and will do little to alleviate regulatory burdens. But the change in the debate across the Channel provides the UK with an opportunity to demonstrate how data protection rules can be simplified to the benefit of both individuals and organisations whilst still maintaining high standards.

Commentators have previously discussed how the Financial Conduct Authority introduced a higher and clearer standard of regulation with its new Consumer Duty.⁵ This example could serve as a blueprint for an approach to setting high data protection standards in the age of AI. Simpler and clearer rules could help to ensure that the use of AI respects human rights whilst imposing standards which are both intelligible and attainable. They could also help to alleviate the burden of international data transfers which are critical for global trade, economic growth and the development of new technologies.⁶

Footnotes

^{1. Data regulation in the age of AI and other data‑intensive technologies - GOV.UK}

^{2. Data flows you can trust - GOV.UK.}

^{3. The Draghi report on EU competitiveness}

^{4. Digital Omnibus Regulation Proposal | Shaping Europe’s digital future}

^{5. Consumer Duty | FCA.}

^{6. See for example https://globaldataalliance.org/wp-content/uploads/2021/07/04012021cbdtinnovation.pdf.}