As the UK introduces the much-anticipated Data Use and Access Bill, B2B marketers are preparing for changes that could reshape their approach to data strategy, privacy and customer engagement. Designed to balance economic growth with strong data protection, the Bill aims to support innovation while safeguarding user trust. Chris Combemale, CEO, The Data & Marketing Association (DMA), welcomed the new bill:
“The DMA has long been committed to fighting for essential reforms in data protection legislation and skills that are essential to our members, their customers, their teams and the economy, and we are pleased that the new Bill puts technology and data protection at the heart of the economy.”
For B2B marketing leaders, understanding the nuances of this legislation is crucial as it progresses through Parliament. I spoke with our Propolis Data & Insight Expert, Tony Lamb, who shared seven key insights to help them navigate the implications of the new Data Bill on the future of B2B marketing.
1. Impact on Data Strategy
The new Data Use and Access Bill represents a measured evolution rather than a radical shift in data strategy for B2B marketing. Tony points out that while the UK government aimed to establish an independent data framework after Brexit, practical realities mean the UK’s legislation will continue to align closely with GDPR.
“There was a lot of talk about the need to create our own legislative frameworks. However, the reality is that Europe is our biggest customer, so we must align with their laws. So, we were never going to move that far away from GDPR.”
The Bill’s provisions aim to ease business operations without imposing substantial changes to core data management principles. Tony emphasizes that businesses should expect refinements rather than overhauls: “the idea was always to simplify things, the government aimed to ease the burden on businesses.”
2. Legitimate Interest Clarification
One significant area of clarification in the Bill is the use of “legitimate interest” as a lawful basis for direct marketing. According to Tony, this clarification will be beneficial, as the Information Commissioner’s original guidance left some ambiguity, leading many organizations to rely on consent unnecessarily.
“Some advisers were giving incorrect information to clients by pushing them down the consent route when they didn’t have to. As a result, the Information Commissioner has clarified their position under GDPR, confirming that legitimate interest can still be used for marketing. We’ve discussed this a number of times in Propolis, as many organizations continue to rely on consent when it isn’t necessary.”
The new Bill provides clear language endorsing legitimate interest for most marketing activities, reducing the need for privacy impact assessments. By confirming legitimate interest, organizations can bypass the restrictive consent model, retaining a broader segment of their market.
3. Data Sharing for Economic Growth
The Bill estimates that increased data-sharing freedoms will contribute £10 billion to the UK economy over the next decade. Tony explains that GDPR’s rigid approach to data transfers and the localization of data storage — across servers and platforms in specific regions — has posed a considerable challenge for modern cloud-dependent operations.
“Data farms are located globally. GDPR didn’t work effectively because you can’t determine where a piece of data is at any particular time. It could shift from one server in one country to another server in another country due to various factors, such as outages. This caused many problems for organizations. If you were outsourcing or offshoring to a country like India, there were many loopholes you had to navigate before you could actually do that, some of which were valid.”
This legislation attempts to address these hurdles by introducing more flexibility in data-sharing, which will support international data transactions and reduce the complications involved in offshoring or outsourcing to countries outside the EU. Tony sees this as a step towards a more realistic framework that reflects the needs of today’s technology infrastructure, making it easier for B2B marketers to utilize cloud-based solutions effectively.
4. Cookie Consent Changes
Cookie consent adjustments are particularly relevant for B2B companies. Tony highlights the trend away from requiring explicit consent for certain non-advertising-focused websites.
“I think the goal is to limit the requirement for explicit consent on cookies because it’s harder to obtain that. If it helps users utilize the service they’re trying to access, then explicit consent shouldn’t be necessary. People often don’t fully understand the purpose of cookies. We will have to wait and see what will actually come out in the final version of this legislation.”
Under the existing GDPR rules, sites were expected to switch from an opt-out to an opt-in model for cookies — a change that reduced the collection of third-party data. This Bill proposes a more flexible approach, particularly for B2B sites that don’t rely on ad revenue, allowing them to reduce disruptive consent pop-ups. In any case, it’s clear third-party cookies are less and less reliable:
“There is a general trend toward the decline of third-party cookies. If you’re thinking about tracking your analytics and relying on third-party cookies for that, you should already be noticing some impact on your activity due to the decreased volume of third-party cookies. Additionally, Google’s changes will further reduce their availability.”
B2B companies must reevaluate their reliance on these cookies for analytics and tracking, shifting to strategies that may include server-side tracking or first-party data collection. You’re welcome to download our report – sponsored by FunnelFuel – on how to adapt to fading cookies.
5. Broader Definition of Direct Marketing
The Bill broadens the scope of “direct marketing” to encompass any form of communication aimed at individuals. This definition introduces complexities for B2B companies, where distinguishing between communications with businesses and individuals has always been somewhat ambiguous.
GDPR treated business communications differently when they were function-specific and not directly tied to individual benefit. However, recent changes that could have clarified personal data definitions were removed in the latest reading. Without these clarifications, B2B marketers may still face uncertainty around compliance, especially in highly personalized or targeted advertising efforts.
6. Balancing Innovation and Privacy
A central theme in the Bill is the balance between promoting data innovation and protecting individual privacy. The Bill appears to address privacy more as a consideration in data innovation, rather than an obstacle, providing B2B marketers with more freedom to employ data in growth-driven ways. However, organizations should be aware of potential administrative challenges, especially around data transfers and international compliance, as privacy expectations continue to evolve.
7. Preparation for Legislative Process
Given that the Bill is still progressing through Parliament, B2B companies should prepare by auditing current compliance practices. Tony advises businesses to first ensure cookie policies meet existing March 2024 requirements, which mandate explicit consent for cookies on all sites, although this may change as the Bill advances.
“As of March 6th of this year, you are expected to obtain explicit consent for the use of cookies. Do your statements currently adhere to that requirement? I would recommend reviewing your current practices. However, we need to wait and see what happens by the time the Bill is finally passed. There may be further revisions as it progresses.”
Additionally, companies should shift to legitimate interest for marketing where possible, reducing unnecessary reliance on consent. As more clarity on data transfers emerges, B2B marketers should keep track of legislative updates, aligning with GDPR guidelines for now but ready to adjust as the Bill is finalized.
The Data Use and Access Bill introduces strategic adjustments rather than drastic changes for B2B marketing leaders. While it reinforces existing GDPR-aligned practices, its provisions on legitimate interest and data-sharing flexibility may provide new avenues for growth.