New legislation has just come into effect, marking the biggest update to the UK’s digital data laws since Brexit, according to Propertymark.
The Data (Use and Access) Act 2025 amends, but does not replace, the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations (PECR).
The trade body says that for agents, this presents an opportunity to streamline processes and embrace innovation, while still protecting people’s personal data.
The new law, as it effects the agency sector, involves:
- More freedom to innovate: Organisations can make greater use of data for product development, service delivery, and customer communication—provided it still aligns with privacy safeguards;
- Simplified complaints process: While not yet in force, agents will eventually need to have a more defined process for individuals to complain about data use. Guidance will be provided by the Information Commissioner’s Office (ICO);
- Clearer rules for children’s data: Children’s data is now explicitly recognised as requiring special protection;
- Enhanced role of the ICO: The ICO must now promote innovation and economic growth, recognise the importance of public safety and national security, and ensure children’s rights are safeguarded. This signals a more business-friendly regulator that also retains strong enforcement powers.
Propertymark says that while the Data (Use and Access) Act 2025 does not impose sweeping new compliance obligations, it sets a more flexible framework that agents can use to:
- Improve data-sharing between stakeholders (e.g. landlords, tenants, conveyancers);
- Support adoption of digital ID checks and property information sharing platforms; and
- Offer clearer privacy notices and simplify communication with clients
The trade body is urging member agents to “review, prepare, and stay informed” and ensure privacy notices and internal processes reflect the flexibility allowed under the new law. Agents are also urged to look out for ICO guidance on the new complaints requirement and be ready to update systems.
The body says these changes “align with Propertymark’s ongoing work to modernise the buying, selling, and renting process, including our support for digital identity proofing and improved data flows through Unique Property Reference Numbers (UPRNs).”
