From the journal

UK Automated Decision-Making Rules Under Data (Use and Access) Act 2025 Enter Force, February 2026

The Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026, S.I. 2026/82, brought section 80 of the Data (Use and Access) Act 2025 into force on 5 February 2026. Section 80 replaces Article 22 of the UK General Data Protection Regulation with a new four-article automated decision-making structure. The commencement is at the final, operative stage. The controlling authority is section 80 of the Data (Use and Access) Act 2025 (c. 18), which

3 min read

The Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026, S.I. 2026/82, brought section 80 of the Data (Use and Access) Act 2025 into force on 5 February 2026. Section 80 replaces Article 22 of the UK General Data Protection Regulation with a new four-article automated decision-making structure. The commencement is at the final, operative stage.

The controlling authority is section 80 of the Data (Use and Access) Act 2025 (c. 18), which substitutes into the UK GDPR a new Section 4A comprising Articles 22A through 22D. Article 22A defines two threshold concepts: a decision is based solely on automated processing where there is no meaningful human involvement in the taking of the decision, and a significant decision is one that produces a legal effect for a data subject or has a similarly significant effect. Article 22B prohibits significant decisions based entirely or partly on processing of special-category data unless an Article 22B exemption applies. Firms must identify which decisions cross these thresholds and recalibrate their human oversight procedures accordingly.

Controllers that make significant automated decisions must, under Articles 22C and 22D, notify affected data subjects and provide a meaningful right to contest the decision, request human review, and receive an explanation. The definition of meaningful human involvement requires that reviewers have genuine decision-making authority rather than rubber-stamp authority. Processors supplying decision-support tools must review contractual and technical arrangements to ensure controllers can meet these obligations. Financial services firms, insurers, employers, and recruitment technology providers applying automated scoring or risk assessment tools are directly within scope; the regime covers both AI-driven tools and rule-based systems, provided the threshold tests are met.

S.I. 2026/82 also brings section 103 of the DUAA 2025 into force on 19 June 2026, inserting new section 164A into the Data Protection Act 2018, which requires controllers to maintain a data subject complaint procedure with a 30-day acknowledgment obligation and a structured response duty. Firms currently relying on legacy Article 22 documentation, impact assessments, or contractual clauses referencing the old provision must update those documents to reference Articles 22A through 22D.

Our firm advises controllers, processors, and technology vendors on UK GDPR reform compliance, automated decision-making governance, and data protection programme design. We work with a dedicated network of data protection and AI law specialists. Organisations seeking to assess their automated decision-making systems against the new rules, or draft updated notices and procedures, are welcome to reach out. We regularly assist with: UK GDPR and DUAA compliance reviews, automated decision-making impact assessments, AI governance policy drafting, and data subject rights programme implementation.

Source: The Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026, S.I. 2026/82, regs. 2(j) and 3(a); Data (Use and Access) Act 2025 (c. 18), s. 80. Available at: https://www.legislation.gov.uk/uksi/2026/82/made and https://www.legislation.gov.uk/ukpga/2025/18/section/80. Confirmed 28 April 2026.

The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

AI Regulatory

More from the journal

See all

Bank of England Publishes Draft Rules for Systemic Stablecoin Issuers

The Bank of England published a policy statement and draft Code of Practice setting out the regulatory regime for systemic stablecoin issuers in the UK in June 2026. The draft rules introduce a GBP 40 billion temporary issuance guardrail per stablecoin, permit issuers to hold up to 70% of reserves in short-term UK government debt, and require the balance in central bank deposits. The consultation closes 22 September 2026; the Bank intends to finalise the Code of Practice by end of 2026.

Connecticut Enacts AI Responsibility and Transparency Act, Effective October 2026

On 2 June 2026, Connecticut Governor Ned Lamont signed Senate Bill 5 into law as Public Act 26-15, the Connecticut Artificial Intelligence Responsibility and Transparency Act. The law creates disclosure obligations for employers using automated employment decision tools, governance requirements for frontier AI developers, product standards for AI companion systems, and safety obligations for online platforms serving minors. Most provisions take effect 1 October 2026; the Attorney General holds exclusive enforcement authority.

EU AI Act Article 50 Transparency Obligations Apply from 2 August 2026

Four categories of transparency obligations under Article 50 of Regulation (EU) 2024/1689 become binding on AI system providers and deployers across the EU on 2 August 2026. The European Commission published a final Code of Practice on Transparency of AI-Generated Content on 10 June 2026 as a voluntary compliance tool, alongside draft guidelines issued on 8 May 2026 that remain under finalisation. AI systems placed on the EU market before the August deadline have until 2 December 2026 to comply with the machine-readable marking obligation in Article 50(2).