Tag: complaints

The UK’s data protection rules are changing again. Here’s what small and medium-sized businesses need to know about the new legal duty to handle data protection complaints and how to get ready.

Why this matters

The Data (Use & Access) Act 2025 introduces a major new responsibility for UK businesses. For the first time, organisations will be legally required to have a formal process for handling data protection complaints.

This means every business that processes personal data will need a clear way for people to raise concerns, and a plan for how those complaints are recorded, investigated and resolved.

The change builds on the existing UK GDPR and Data Protection Act 2018. It does not replace them, but it strengthens the rules around accountability and response times. The goal is simple: to make sure individuals can trust that their data rights are taken seriously.

If your business already manages data protection complaints properly, this may only mean a few small updates. But if you currently respond on an ad-hoc basis or tend to dismiss complaints that seem unfounded, it is time to make changes now.

The new duty in a nutshell

The Act received Royal Assent on 19 June 2025 and is being introduced in stages. The key stage for most organisations, current expected around 12 months from Royal Asset (so around mid- 2026), is the new legal duty to handle complaints.

Under this duty, you will need to:

• Acknowledge data-protection complaints within 30 days and tell people what will happen next
• Investigate and respond promptly, without unnecessary delay, explaining the outcome in plain language
• Record every complaint and document how and when it was resolved
• Train staff to recognise, log and properly escalate data-protection complaints

These rules apply to all organisations that process personal data, regardless of size or sector.

You can read the official rollout plan on GOV.UK https://www.gov.uk/guidance/data-use-and-access-act-2025-plans-for-commencement

Two ICO consultations shaping the change

The Information Commissioner’s Office (ICO) is currently running two consultations to help define what “good” looks like in complaint handling.

1. Guidance for organisations, explaining how to set up and manage a complaint-handling process.
   Deadline: 19 October 2025
   ICO Consultation on Complaints Guidance for Organisations
2. The ICO’s own complaint-handling framework, which outlines how the regulator will assess and respond to complaints once the law is in force.
   Deadline: 31 October 2025
   ICO Consultation on Changes to How We Handle Data Protection Complaints

The first consultation tells you what your business needs to do. The second explains how the ICO will respond to complaints and what data they will monitor.

The risk of inaction

This is more than a procedural update. The ICO has made it clear that it will monitor complaint trends across sectors. Repeat or unresolved complaints could attract attention and follow-up engagement from the regulator.

If you do not have a reliable process in place, the risks include:

• Reputational damage if complaints are mishandled or ignored
• Evidence gaps that make it difficult to show compliance
• Closer scrutiny if your business appears in repeated complaint reports

Even complaints that seem minor or unjustified must be logged and responded to. If you choose to ignore them, they will still count towards your complaint history. The ICO will be looking for businesses that can show they act on feedback, not those that hope issues go away.

If you already manage complaints effectively, you are in a good position. If not, now is the time to act. Setting up a clear process will protect both your reputation and your compliance record.

What good looks like

A compliant complaint-handling process should feel simple and transparent. It should show that you take customers seriously and can evidence your actions.

The ICO’s guidance suggests focusing on:

• Visibility: make it easy for people to raise a concern, for example by publishing contact details or a form in your privacy notice.
• Consistency: respond within set timeframes and keep records of all correspondence.
• Evidence: log complaints in a way that allows you to track progress, outcomes and lessons learned.
• Governance: review complaint trends regularly to identify recurring issues or training needs.

If you already have a process in place, check that it meets these standards and that your team understands it. If you do not, start simple. A shared inbox and a basic log are often enough for smaller businesses, as long as they are used consistently.

The bigger picture

The new complaint-handling duty is part of a wider move towards greater accountability and user empowerment. Alongside this, the ICO has been setting out its approach to user consent, transparency and digital choice – including its views on Meta’s “consent or pay” advertising model.

Both developments point in the same direction. The UK is not deregulating data protection; it is making it more practical. The focus is on evidence and accountability – being able to show not just that you comply, but that you care about how personal data is handled.

What to do next

If you are unsure where to start, focus on these steps:

1. Create or review your complaint process.
   Have a clear route for people to raise issues, assign responsibility and set timeframes for acknowledgement and response.
2. Keep records.
   Track all complaints, even if you think they lack merit. Record what was done, what you found and how you closed the issue.
3. Update your privacy notice.
   Tell people how they can raise a complaint and what they can expect from you in return.
4. Train your team.
   Make sure everyone who handles customer or employee data knows how to recognise and escalate a data protection complaint.
5. Review contracts.
   Ensure any partners or suppliers who handle personal data know their role in your complaint-handling process.
6. Monitor and improve.
   Look for recurring issues or delays. Fixing small process gaps now will reduce the risk of ICO involvement later.

How Athlex can help

At Athlex, we make compliance clear. We help businesses build practical, proportionate frameworks that work in the real world.

Our services include:

• Designing or reviewing complaint-handling frameworks
• Providing outsourced Data Protection Officer (DPO) support
• Reviewing contracts and supplier arrangements
• Updating privacy notices and policies
• Delivering tailored training and audits for your team

If you would like help reviewing your approach to complaints, start with a free GDPR Health Check. We will show you where you stand, what is working well and what to fix first.

Book your free data protection health check.

In summary

The Data (Use & Access) Act 2025 is not a complete rewrite of data protection law, but it will change how accountability is judged.

Businesses with clear, consistent complaint-handling processes will adapt easily. Those without one will need to move quickly. Ignoring complaints – even the unfounded ones – will no longer be an option.

Taking action now will save time later and show your customers that you value their trust.