Key Facts

• Clause 48 requires the establishment of a public register for digital verification service providers.
• Certification by an accredited conformity assessment body is required before registration.
• The Secretary of State can charge providers a fee for application and ongoing fees after registration.
• Government amendments 6 and 7 are proposed.
• New clause 3 pertains to information disclosed by the Welsh Revenue Authority.
• New clause 4 relates to information disclosed by Revenue Scotland.
• Clause 54 allows public authorities to share information with DVS providers if requested by an individual.
• Clause 55 includes safeguards for HMRC information sharing, ensuring taxpayer confidentiality.
• The Secretary of State must produce a code of practice under clause 56 and consult the Information Commissioner.
• Clause 58 grants the Secretary of State power to require information from accredited conformity assessment bodies or registered DVS providers.
• Clause 59 allows for delegation of governance and oversight functions to another person if appropriate as the market grows.
• Clause 60 requires an annual report on the functioning of this part, with the first report published within 12 months of clause 47 coming into force.
• Clause 61 defines key terms such as business data, customer data, and data holder.
• Business data includes standard prices, charges or tariffs, and information on service performance.
• Amendment 46 clarifies the definition of business data to ensure consistency in understanding.
• Amendment 113 allows the Secretary of State or Treasury to invite relevant sectoral regulators to contribute to or conduct impact assessments.
• Amendment 114 mandates consultation with representatives from affected industries before making regulations.
• Amendment 115 sets a six-month deadline for publishing a target date and arrangements for an impact assessment of smart data schemes.
• The Government's impact assessment estimates costs of £610 million to £732 million for the telecoms sector.
• Ofcom consulted on the proposal in 2020.
• BT identifies that a working regime will require steps to guarantee security, interoperability, quality, intelligibility and comparability of sensitive data.
• Clause 62 provides the principal regulation-making power to establish smart data schemes in relation to customer data.
• Subsection (3) of clause 62 allows an authorised person who receives customer data to exercise the customer’s rights on their behalf.
• Clause 63 outlines provisions that smart data scheme regulations may contain when relating to customer data.
• Clause 64 provides regulation-making power for smart data schemes related to business data.
• Regulations allow business data to be provided to customers or third-party recipients and may be published widely.
• These regulations aim to increase transparency around pricing, enhancing competition and benefiting consumers and smaller businesses.
• Clauses 66 to 72 relate to smart data regulations.
• Clause 66 appoints decision makers who approve and monitor third parties accessing customer and business data.
• Clause 67 enables public bodies to enforce regulations with civil or criminal penalties.
• Clause 68 limits investigatory powers of enforcers to protect privileges and confidentiality.
• Clauses 69, 70, 71, and 72 provide for financial penalties, fees, levies, and financial assistance.
• Clauses 73 to 77 relate to confidentiality and data protection.
• Clause 75 requires regulation makers to review regulations at least every five years.
• Clause 76 repeals sections 89 to 91 of the Enterprise and Regulatory Reform Act 2013.