Page 24 - BOSS Today Issue 62
P. 24

BOSS Today      #62    DOWN TO BUSINESS                                                                                                                                                               BOSS Today     #62










          DATA                                                                 will make some changes to them to make            Organisations will still be


                                                                               the rules simpler for organisations.
                                                                                  The DUAA clarifies the time limits
          PROTECTION                                                           access requests (requests by individuals          able to refuse manifestly
                                                                               for organisations to respond to subject
                                                                                                                                 unfounded or excessive
                                                                               to access and receive a copy of their
                                                                               personal data). It includes a “stop the
                                                                                                                                 requests.
                                                                               clock” rule, allowing organisations to
          & SUBJECT                                                            more information from the requester.
                                                                               pause the response time if they need
                                                                               Once they get the information they need,
                                                                               the response time continues. The new
                                                                               act also clarifies that organisations need
          ACCESS                                                               searches when responding to requests
                                                                               to make reasonable and proportionate
                                                                               from Data subjects for access to their
                                                                               personal information. This means they
                                                                               must make genuine efforts to locate the
          REQUESTS                                                             requested data but are not obligated to
                                                                               conduct exhaustive searches that impose
                                                                               an excessive burden.
                                                                                  Organisations will still be able
                                                                               to refuse manifestly unfounded or
          NEW                                                                  excessive requests.

                                                                               New Cookie rules
                                                                               There are new Cookie rules that allow
                                                                               you to set some types of cookies without
          GUIDANCE                                                             having to get consent, such as those
                                                                               you may use to collect information for
                                                                               statistical purposes and improve the
                                                                               functionality of your website.
                                                                                  There is a new requirement for
                                                                               organisations to establish a complaint
                                                                               handling process for data subjects. If you
                                                                               don’t already do so, the DUAA requires
                                                                               you to take steps to help people who
                                              he Data (Use and Access) Act 2025   want to make complaints about how you
          THE DUAA CLARIFIES THE TIME       T(“DUAA”, “the Act”) received Royal   use their personal information, such as
          LIMITS FOR ORGANISATIONS TO       Assent on 19 June 2025. This is a wide-  providing an electronic complaints form.
          RESPOND TO SUBJECT ACCESS         ranging Act which includes provisions to   You also must acknowledge complaints
                                            enable the growth of digital verification
                                                                               within 30 days and respond to them
          REQUESTS.                         services, new Smart Data schemes   ‘without undue delay’.
                                            like Open Banking and a new National   Amongst other notable changes,
                                            Underground Asset Register. It also   the Act also introduces a statutory
                                            includes some important changes to   exemption from Subjects Access
                                            the UK’s data protection and privacy   Requests for information protected by
                                            legislation.                       legal professional privilege.
                                               The DUAA will not replace the UK
                                            General Data Protection Regulation (“UK   For further information or if you’re
                                            GDPR”), Data Protection Act 2018 or the   unsure regarding the above, please
                                            Privacy and Electronic Communications   contact our legal department via
                                            (EC Directive) Regulations 2003, but it   hello@bossfederation.co.uk


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