Key Trends in Data Protection in 2025 You Must Know

The data protection landscape in the UK is undergoing important changes in 2024–25. The UK, which is currently outside the EU’s framework, is improving its privacy law through new legislation nearly five years after the GDPR went into effect, particularly concerning scientific research and personal data handling. At the same time, it is battling new issues such as “dark patterns” in consent and the privacy implications of artificial intelligence.

The Information Commissioner’s Office (ICO) has also increased enforcement, focusing on everything from significant data breaches to deceptive cookie banners. Three main themes are examined in this article: the ongoing post-Brexit reform of UK data protection law, the crackdown on consent-affecting harmful online designs, and the most recent enforcement actions and priorities of the Information Commissioner’s Office (ICO).

GDPR in the UK After Brexit: Change, Not Revolution

The UK kept the EU GDPR in domestic law after Brexit (now known as the “UK General Data Protection Regulation (UK GDPR)”), but the government has worked to modify the framework to better serve UK interests, including adaptations to the Data Protection Act. The result of the effort is the Data (Use and Access) Bill (DUA Bill), which is currently in its final stages of parliamentary approval and is anticipated to become law in the middle of 2025.

Rather than a complete overhaul, the DUA Bill is an evolution of the UK’s data protection framework. There are a few significant changes, but fundamental concepts like lawfulness, fairness, transparency, and data subject rights have mostly not changed—a conscious decision to maintain the UK’s EU “adequacy” status for data flows.

Relaxing Some Consent Requirements: The DUA Bill establishes new exceptions to the consent requirement in specific situations. For instance, some cookies used only for analytics or functionality (like tracking website traffic or remembering user preferences) will no longer require cookie consent. To lessen consent fatigue, these low-risk cookies can be set without the pop-up banner prompt. However, the common marketing cookies and profiling technologies will still need consent, as will tracking or advertising cookies. This modification is in line with the UK’s objective of being practical (concentrating on privacy violations that have a real impact) while upholding a high level of protection for personal information.
PECR Penalties Compliant with GDPR: The UK will increase the maximum penalties for violations of the Privacy and Electronic Communications Regulations (PECR), which address cookies, electronic marketing, and telecom privacy, to the GDPR level. This is a major reform. At the moment, the maximum penalty for PECR violations is £500,000. They will be liable for up to £17.5 million or 4% of worldwide turnover under the new law, whichever is higher. This places annoying calls, spam texts, and non-compliant cookies in the same category as major breaches involving personal information. The reasoning is straightforward: unsolicited marketing and the improper use of personal information for outreach can be equally damaging and pervasive. Noting that it has historically taken more enforcement actions under PECR (for spam and cold calls) than under the GDPR, the ICO has praised this change. This implies that negligent direct marketing techniques (such as sending unsolicited emails or texts or disregarding the TPS/do-not-call list) now pose existential financial risks to businesses. The days of spam penalties are over.
What Won’t Change (to maintain EU sufficiency): To keep the UK “adequate” in the eyes of the EU, previous government proposals to relax some GDPR requirements have been withdrawn or softened. Notably, the notion of substituting a more adaptable “senior responsible individual” for Data Protection Officers and eliminating the need for small businesses to maintain processing records has been shelved. In essence, the EU GDPR’s definitions of personal data and the requirement for Data Protection Impact Assessments have not changed, ensuring an adequate level of data protection is upheld. Following feedback that suggested such changes might compromise the EU’s willingness to allow data to flow freely to the UK and the European Economic Area, these decisions were made. In fact, in order to evaluate the impact of the DUA Bill, the European Commission suggested in March 2025 that the UK’s adequacy be extended by an additional six months, until December 27, 2025. The outlook for continued adequacy is favourable because the DUA Bill is more of a tweak than an overhaul. Since it eliminates the need for SCCs or other transfer mechanisms for EU-UK data flows, this is crucial for a lot of businesses.

UK organisations ought to see the DUA Bill as an improvement over the current system. It increases enforcement pressure in areas like marketing while also providing some much-needed simplifications, such as fewer cookie banners for basic uses and a little less paperwork. The Bill “improves the effectiveness of the data protection regime in the UK, upholding people’s rights [while] providing regulatory certainty,” according to Information Commissioner John Edwards, who has expressed support for it.

Now is the time for businesses to update their cookie and marketing consent policies to comply with the new regulations. They should also make sure that any previous “grey area” practices (such as vaguely relying on soft opt-in or providing minimally informative privacy notices) are strengthened. Although the law is essentially unchanged, regulators are becoming more demanding, especially now that the ICO has the authority to impose GDPR-sized fines on violators of e-privacy.

Changes the DUA Bill Would Introduce

The Data (Use and Access) Bill (DUA Bill) is set to introduce several nuanced changes to the UK’s data protection regime. While it retains many core principles from the existing framework, it aims to refine the legislation to better suit the evolving digital landscape. A key aspect of the DUA Bill is the modification of consent requirements, particularly in relation to low-risk data processing activities such as analytics, direct marketing practices, and functional cookies.

This means that organisations can now implement certain cookies without explicit consent, thereby reducing user friction while maintaining essential privacy safeguards. Furthermore, the DUA Bill proposes to enhance penalties for non-compliance, aligning them with GDPR standards, which signals a significant shift in how breaches, particularly relating to electronic marketing and privacy communications, will be enforced.

In addition to these changes, the DUA Bill introduces provisions that clarify lawful bases for processing personal data. It will provide organisations with a clearer understanding of legitimate interests and the conditions under which further data processing is permissible. This aims to streamline compliance and enhance the effectiveness of the data protection framework in the UK, ensuring that organisations can operate efficiently while upholding individuals’ rights. The DUA Bill reflects a commitment to evolve the data protection landscape without compromising the fundamental principles that safeguard personal data.

Impact on EU-UK adequacy finding

The DUA Bill is poised to influence the ongoing EU-UK adequacy assessment significantly. While it seeks to refine existing data protection laws rather than overhaul them, the introduction of new provisions and adjustments to consent requirements may affect how the European Commission views the UK’s compliance with EU standards. The adequacy decision, which currently allows for the free flow of personal data between the UK and the EU, is crucial for many businesses that operate across borders. The European Commission has indicated that it will closely evaluate the implications of the DUA Bill on the UK’s data protection framework before making any further decisions regarding adequacy.

One of the primary concerns surrounding the DUA Bill is the potential for divergence from the EU GDPR and the Law Enforcement Directive. Although the UK government has reassured that the changes are incremental and will not compromise core principles, any perceived weakening of data protection could jeopardise the adequacy finding related to the EU adequacy decision. The European Commission has extended the current adequacy decision until December 2025, allowing additional time to assess the DUA Bill’s impact. Therefore, organisations in the UK must remain vigilant and proactive in their compliance efforts to ensure continued alignment with EU expectations, as the repercussions of any changes could have significant implications for international data transfers.

Consent, Dark Patterns, and the Regulatory Crackdown

Online interface designs that restrict user choice—often referred to as “dark patterns” or manipulative online choice architecture—have been a primary focus of UK regulators in recent years. These include deceptive consent prompts, perplexing cookie banners, and design cues that encourage data sharing. Both the CMA and the ICO have stated unequivocally that such actions are not acceptable. They published a joint paper on “harmful online design” in digital markets in August 2023, denouncing strategies that deceive users into divulging more personal information than they otherwise would.

The following are instances of detrimental design that the regulators emphasised:

Cookie banners that are misleading: For example, a banner with a bright, easily clickable “Accept All” button that hides the “Reject All” option behind several layers or in a less noticeable format. Users may be persuaded to consent by this design merely because it is convenient or confusing. Lack of consumer control over cookies is a common detrimental practice, according to the ICO.
Bundled consents and pre-checked boxes: The act of consent must be unambiguously affirmative. However, some websites still have forms with a pre-checked box for opting in to newsletters or data sharing, or they combine consent for multiple uses (e.g., “By signing up, you agree to our Terms and to receive marketing from partners”), making it difficult to opt out of particular uses.
Making it extremely difficult to withdraw consent or delete an account (while signup only requires one click): or persistently pestering users who have refused specific permissions (e.g., by displaying pop-ups on each visit requesting that they enable personalised ads) are examples of frustrating opt-outs. These actions weaken users’ resolve and take advantage of inertia.

Importantly, regulators view these as legal infractions in addition to poor user experience. Consent must be freely given, specific, informed, and unambiguous in accordance with the UK GDPR; dark patterns that undermine or obfuscate choice do not meet this requirement. Practices that significantly skew consumers’ decisions may be considered “unfair or aggressive practices” under consumer protection law. In order to address this issue from both perspectives, the ICO and CMA are coordinating their positions.

By the end of 2023, the ICO’s strategy became more assertive. It publicly alerted 50 of the biggest websites in the UK in November that their cookie consent policies were out of compliance. Concerns like deceptive presentation and an imbalance in the ease of “accepting” versus “rejecting” cookies were mentioned in these letters, which were essentially final warnings.

These businesses were given a month by the ICO to improve their user interfaces. By January 2024, the ICO declared that most had improved: out of 53 websites contacted, 38 had modified their cookie banners to comply with the regulations, and four more promised to do so soon. Put another way, after the regulator put pressure on them, the most well-known websites in the UK quickly shifted away from dark patterns. The ICO said it will continue to scrutinise hundreds more websites in waves and even intends to employ an automated tool (possibly AI) to search the internet for cookie notices that aren’t in compliance.

The takeaway is unmistakable: manipulative consent designs are now a top enforcement priority. Businesses that “deliberately and persistently” misuse design in an unfair manner should anticipate enforcement action, according to ICO spokesperson Stephen Almond. This could include monetary penalties in more severe cases, particularly once the DUA Bill’s higher fine regime for PECR takes effect, or orders to alter the design of the website (which the ICO can issue under its powers).

From the standpoint of compliance, organisations ought to anticipate this. Examine your user interfaces carefully in all cases where you ask for permission or depend on user preferences:

Make sure that the options for managing or declining preferences are as obvious and simple as the options for accepting. (For instance, if you have a large “Agree” button, you should also have a “No thanks” or “Manage settings” button that is equally visible.)
Steer clear of default opt-ins. Users must take action; pre-checking a box for them is not permitted. Silence or inactivity does not constitute consent.
If unsubscribing or opting out takes more than a few clicks, think about making it simpler. Regulators frequently test procedures on their own; if they find them difficult, they might purposefully make them so.
Be open and use simple language. Similar to how the ICO offers templates and tools for effective privacy notices, cookie banner language should be simple (“We use cookies to improve your experience”). Kindly adjust your settings or accept them.

At the end of the day, authentic user choice is expected. In addition to running the risk of ICO fines, businesses that persist in using dishonest design techniques erode the trust of increasingly privacy-conscious customers. On the other hand, a lot of companies discover that while increasing transparency increases goodwill and lowers complaints, it doesn’t ultimately result in a significant drop in opt-in rates. Fairness in user experience design should be prioritised now rather than under investigation, as the ICO and CMA are both keeping a close eye on online practices.

Your Privacy Choices

As data protection legislation evolves, individuals are increasingly faced with decisions regarding their personal data. Understanding how your personal data is collected, used, and shared is essential. Organisations must provide clarity on the use of personal data and empower individuals to make informed privacy choices. Users should be aware of their rights under the UK GDPR, which include the right to access personal data, the right to rectify inaccuracies, and the right to withdraw consent when necessary.

The landscape of privacy choices is changing, with organisations encouraged to adopt transparent practices that prioritise user consent. As the regulatory environment tightens, organisations must ensure they clearly communicate how personal data is used and provide straightforward options for users to manage their privacy settings. By enhancing awareness and simplifying consent processes, individuals can regain control over their personal data and make choices that align with their privacy preferences.

Manage Consent Preferences

Organisations must prioritize effective management of consent preferences to comply with evolving data protection regulations. This involves not only providing clear options for users to grant or withdraw consent but also ensuring that the mechanisms for managing these preferences are user-friendly. Here are some key strategies to consider:

Explicit Consent Options: Ensure that users can easily provide explicit consent for data processing activities. Avoid pre-checked boxes and instead require users to take clear affirmative actions.
User-Friendly Interfaces: Design consent management interfaces that are intuitive and straightforward. Users should have easy access to manage their consent preferences without unnecessary hurdles.
Regular Updates and Communication: Keep users informed about changes to data processing practices and how their consent choices impact these practices. Regular communication can foster trust and encourage users to review and update their preferences.
Accessibility of Opt-Out Options: Make sure that opting out of data processing is as easy as opting in. Users should not face additional barriers when they wish to withdraw their consent for data use.

By focusing on these strategies, organisations can enhance their compliance with data protection regulations while respecting users’ privacy choices. This proactive approach not only mitigates regulatory risks but also helps to build a positive relationship with customers by prioritising transparency and user autonomy.

ICO Enforcement: Key Events and Trends for 2024–2025

The ICO has adopted a more assertive and proactive enforcement approach under Commissioner John Edwards. A number of well-known events in the first half of 2024 indicate the ICO’s priorities:

High penalties for inadequate security: Data security is still a top enforcement priority. Advanced Computer Software Group Ltd. was fined £3.07 million by the ICO in March 2025 for a ransomware incident in 2022 that exposed private information. In addition to providing software, including to the NHS, Advanced was also processing client data. This is one of the first instances in which the ICO has penalised a data processor for a breach. According to the investigation, the subsidiary of Advanced had neglected to put basic security measures in place, such as thorough multi-factor authentication (MFA), sufficient vulnerability scanning, and prompt patching. Attackers used an account without multi-factor authentication to gain access to the company’s network, resulting in data theft and extensive system outages, including for NHS 111.According to the Information Commissioner, this case serves as a “strong reminder” that companies that lack strong security run the risk of being targeted, and they are strongly encouraged to implement multi-factor authentication on all external access points. The conclusion is that if the ICO discovers simple security flaws that result in breaches, particularly when a significant amount of private information (such as health data) is at stake, it will levy harsh penalties. This is a wake-up call for all businesses to review their cyber defences.
Enforcement of children’s privacy: Since 2021, the ICO has enforced the Age Appropriate Design Code, also known as the Children’s Code, which establishes guidelines for online services that children are likely to use. TikTok was fined £12.7 million by the ICO in 2023 for violating several laws and misusing children’s data, including letting minors use the app without parental permission. The ICO kept up its emphasis on safeguarding children online in 2024. It followed up on how those businesses adhere to the Code’s requirements by publicly urging 11 social media and video platforms to enhance their child safety and privacy measures. Since then, numerous platforms have changed their policies. For instance, some have implemented bedtime curfews on notifications and disabled direct messaging between kids and unidentified adults. Although it has demonstrated that it will use fines if necessary (as with TikTok), the ICO seems to prefer engagement and negotiated outcomes in this area (working with companies to implement the Code). Strict adherence to the Children’s Code should be guaranteed by any online service with a sizable user base of people under the age of 18. This includes having high default privacy settings for children, minimising data, and conducting impact assessments for features that could endanger young users.
Emphasis on AI and data protection: The ICO has acted swiftly to address the privacy implications of the proliferation of AI services. One prominent example was the early 2023 launch of Snapchat’s “My AI” chatbot. Concerned that Snapchat had not adequately evaluated the privacy risks to children and others, the ICO launched an investigation. After Snapchat added more protections for the chatbot, the ICO wrapped up its investigation by May 2024. In a similar vein, the ICO questioned Meta’s intentions to train generative AI using Facebook and Instagram user data. In response, Meta halted the UK rollout of that plan. Additionally, the ICO released guidelines in late 2024 advising AI developers to disclose the ways in which generative AI models use personal data. These steps show that the ICO is closely monitoring advancements in AI. Companies should perform comprehensive Data Protection Impact Assessments and integrate privacy from the design phase when implementing AI features that utilise personal data. The ICO is eager to ensure that privacy rights are not compromised by AI innovation, and it is prepared to step in early to ensure compliance, even before official complaints are filed.
Further enforcement and guidance: The ICO has not ignored other areas; in 2024, it fined the Police Service of Northern Ireland £130,000, the highest amount ever imposed under the UK’s law enforcement data regime, for a breach that resulted in the exposure of employee data. Updated direct marketing guidelines, new AI privacy factors guidelines, and a helpful new privacy notice template tool for small businesses are examples of active guidance. These resources illustrate the ICO’s two-pronged strategy: easing compliance for organisations with good intentions while harshly punishing those that disregard their fundamental duties.

The ICO’s enforcement momentum is probably going to keep going in the future. The ICO’s hand will only get stronger with the anticipated passage of the DUA Bill, which will increase the penalties for PECR violations and potentially alter the structure of ICOs.

A few areas to keep an eye on are data brokering and credit reference agencies (which the ICO has previously examined), AdTech and online tracking (the ICO put a halt to its major investigation in 2020, but with cookies and tracking under scrutiny, this could resume), and ongoing action on breaches and careless data handling in the public and private sectors. The ICO’s internal motto, “moving faster and firmer,” is becoming more and more apparent in its operations.

Recent EU and UK legislative developments

The legislative landscape surrounding data protection in both the UK and EU is continually evolving. Recent developments highlight ongoing efforts to refine existing regulations and address emerging challenges in the digital space. Notably, the Data (Use and Access) Bill (DUA Bill) in the UK, which returned to the House of Lords, represents a significant step in modernising the data protection framework while aiming to align with EU standards. This bill, including the Digital Information Bill, includes various provisions that seek to enhance clarity around lawful bases for data processing and streamline consent requirements, thereby adapting to the needs of both businesses and individuals.

In the EU, ongoing discussions regarding the ePrivacy Regulation continue to shape the regulatory environment. Although the draft regulation has faced delays, its eventual implementation, similar to the impact of an executive order, is expected to further define privacy rights in electronic communications. Additionally, the European Commission’s focus on the impact of artificial intelligence on data protection regulations underscores the need for comprehensive frameworks that address the complexities of AI and its interaction with personal data. These legislative developments not only reflect a commitment to safeguarding personal data but also highlight the importance of maintaining robust protections in an increasingly digital world. Organisations must stay informed about these changes to ensure compliance and adapt their data practices accordingly.

Implications for Organisations in Practice

In 2025, organisations should do the following to stay ahead of regulatory risks:

Keep up with the developments in law reform: Monitor the enactment and start date of the DUA Bill. Prepare for the changes by, for instance, deciding whether to remove cookie banners for analytics cookies once they are permitted (benefit: less user annoyance) and updating your PECR compliance programme in light of the potentially disastrous fines. Make sure your marketing databases contain the appropriate consent or soft opt-in documentation; purge any contacts you are unsure were acquired legally.
Get rid of negative trends and improve consent procedures: Examine your consent flows (cookie banners, sign-up forms, and account settings) in light of the ICO’s crackdown. Make sure users can always decline as easily as they can accept. Avoid manipulative strategies such as hiding “no” options or using constant prompts. In addition to avoiding enforcement, this will put you in line with user expectations and probably the next big thing in the world (even the EU is considering explicitly regulating dark patterns). For fairness, it might also be worthwhile to do user testing. Have impartial assessors or privacy consultants go over your procedures to identify any unintentional pressure points.
Strengthening security measures: The ICO’s enforcement of security measures, such as the Advanced case, emphasises that well-known best practices—like the use of MFA, prompt patching, and access controls—are practically required. Review your security protocols, both in theory and in reality. Perform routine penetration tests and take appropriate action based on the results. The ICO will hold you to a very high standard if you handle particularly sensitive data, such as financial, health, or children’s data. Since the ICO demonstrated that it will penalise processors for errors that impact controller data, don’t forget to review your contracts with processors to make sure they are also adhering to strict security.
Update accountability and training: Ensure that your employees understand how the enforcement environment is evolving. It’s crucial to receive regular training on data protection, including PECR requirements like direct marketing guidelines as well as GDPR fundamentals. Since data protection compliance ultimately requires top-down support, senior management should also be informed of these developments. For example, CEOs and marketing directors should be aware of the heavy penalties that are now imposed for spam. Consider assigning your Data Protection Officer (or someone similar) the task of conducting an organisation-wide 2025 readiness assessment.
Stay informed by following the ICO and other authorities: Keep an eye on the ICO’s news and blogs (the ICO’s website regularly posts news of actions and guidance – e.g., the year-in-review blog gives insight into priorities). Also, watch the CMA’s output on areas of overlap (like the joint paper on dark patterns). The Data & Marketing Association and other industry bodies often produce practical guidance when laws change (for instance, on PECR marketing rules). To put it briefly, make use of the authoritative and free resources that are available to direct your compliance efforts.

Final comments

Organisations will be better equipped to withstand the UK’s changing data protection laws by putting these measures into practice. Good data protection practices are becoming more and more of a competitive advantage rather than just a legal requirement because customers are more likely to trust and remain loyal to businesses that handle their data securely and with respect.

Through their enforcement and guidance, regulators such as the ICO are actively guiding businesses in this direction. According to the ICO’s 40-year retrospective, privacy is an essential right that must always be safeguarded. By implementing that philosophy into your business operations, you can demonstrate to your clients that you respect their rights while also staying within the law. In 2025 and beyond, that trust will be extremely valuable.

Contact Us

If you have any concerns or questions on the topics we’ve raised in this article about Data Protection in 2025, feel free to email us at the address below:

Info@staylegal.co.uk

What are the expected trends in data protection by 2025?

For organisations in 2025, data protection trends will likely include enhanced encryption methods, increased use of AI for threat detection, stricter regulations on data privacy, and a shift towards decentralised data storage. Organisations will prioritise proactive measures to safeguard sensitive information amidst growing cyber threats and compliance demands.