Data (Use and Access) Act 2025, section 71: the UK compatibility test (new Article 8A(2)) (Data (Use and Access) Act 2025 c. 18, s 71 (new UK GDPR Art 8A(2)))
The UK now has this five-factor test in its new Article 8A, which mirrors the EU's Article 6(4). A UK holder runs the same assessment as an EU holder before licensing records for a new purpose.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“In making the determination, a person must take into account, among other things- (a) any link between the original purpose and the new purpose; (b) the context in which the personal data was collected, including the relationship between the data subject and the controller; (c) the nature of the processing, including whether it is processing described in Article 9(1) (processing of special categories of personal data) or Article 10(1) (processing of personal data relating to criminal convictions etc); (d) the possible consequences of the intended processing for data subjects; (e) the existence of appropriate safeguards (for example, encryption or pseudonymisation).”
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