Your Data, Your Protection: How New UK Laws Safeguard Your Property Transaction
What Is the Data (Use and Access) Act 2025?
The Data (Use and Access) Act 2025 updates three core pieces of legislation: the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003. Instead of taking away the old protections, this new law adds further layers to make sure your data is managed safely and fairly, particularly as transactions increasingly happen online.
The new requirements are being introduced in stages. Some rules are already in use, while others will become effective by the end of 2026. This phased approach gives businesses time to adapt their systems, so everything runs smoothly for those buying or selling homes.
Why This Law Matters When You Buy or Sell a Home
Dealing with property transactions means sharing some of your most sensitive personal details. From financial records and mortgage letters to proof of identification, conveyancing requires you to provide a lot of confidential information to several different parties. This new law recognises the sensitivity of that data. It introduces stronger measures to keep your personal details safe at every stage of the moving process.
You Now Have Stronger Rights Over Your Information
One of the most notable changes is how easy it now is to request access to the personal information a company holds about you. These requests—often called 'Subject Access Requests' or SARs—give you greater insight and control.
What Has Changed?
In the past, responses to Subject Access Requests were not always clear or timely. With the new law in place, you will now benefit from:
- Clearer response deadlines: Businesses must reply within one month in most cases.
- Better information: You will receive more details about how your data is used.
- A simpler process: Making a request is now more straightforward.
- Easier-to-read replies: Firms must present your information in an accessible format you can understand.
What Does This Mean for You When Moving Home?
Imagine you are selling a property and want to know what information your solicitor is keeping about you. Thanks to the new rules, you can make a request and can expect to receive:
- A full list of all personal information they hold,
- A summary of who your information has been shared with, such as mortgage lenders or estate agents,
- An explanation of why they need it and how long it will be retained,
- Information about your legal rights concerning this data.
With greater clarity, it is easier than ever for you to stay in control of your own personal details.
Enhanced Protection for Sensitive and Private Information
The law also brings stronger safeguards for legal professional privilege—a critical part of the conveyancing process. Legal professional privilege refers to the confidentiality of communications between you and your solicitor.
Understanding Legal Professional Privilege
Legal professional privilege means that the confidential conversations you have with your solicitor, whether for advice or in preparation for legal proceedings, are protected. This includes:
- Asking for or giving legal advice,
- Communications made for legal cases,
- Certain shared communications where there is a joint legal interest.
How the New Law Strengthens These Protections
The latest data rules confirm that legal privilege cannot be set aside by a simple data protection request. In practice, this means:
- Discussions you have with your solicitor remain confidential,
- Sensitive documents you share for legal advice can only be used for that purpose,
- Outside parties cannot use data protection rights to access privileged information.
This is especially important if your property transaction is complex or involves sensitive family or financial issues.
Increased Transparency: Knowing Exactly How Your Data Is Used
Transparency is at the heart of the new Act. You should be given clear, straightforward explanations about:
What Is Collected
Your conveyancer should tell you what information they collect, which can include:
- Identification documents (such as passports or driving licences),
- Proof of address and utility bills,
- Financial details like bank statements or mortgage offers,
- Property-specific documents and records of communications about your sale or purchase.
Why It Is Needed
You are entitled to know why each piece of information is required, often for reasons including:
- Meeting legal obligations (like anti-money laundering requirements),
- Fulfilling your transaction contract,
- Preventing fraud or meeting other professional duties.
Who Your Information Is Shared With
You should also know if your data is being passed to:
- Other solicitors, mortgage companies, or estate agents,
- Government offices such as the Land Registry or HM Revenue & Customs,
- Property search companies or building surveyors,
- Professional regulators when necessary.
How Long Your Data Is Kept
Firms must tell you:
- How long your transaction file will remain open,
- How long documents will be archived (typically between six and fifteen years),
- The policies for retaining electronic communications and digital files.
Safer Electronic Communication
As home buying becomes more digital, the security of your data during emails, texts, and online document sharing becomes even more crucial. The new law steps up the standards for digital security.
Secured Emails
The rules now demand:
- Encryption of all sensitive attachments sent by email,
- Strict access controls so only authorised staff can view your information,
- Audit records so activity can be traced and verified.
Digital Document Sharing
Your documents may be shared through secure online portals, which must use:
- End-to-end encryption for maximum protection,
- Multi-factor authentication where appropriate,
- Regular security updates to keep up with evolving threats.
Safer Texts and Phone Calls
The Act ensures:
- You must give clear consent to receive automated updates and messages about your transaction,
- You can opt out of certain messages if you choose,
- Records of all phone and text communications are stored safely.
Your Main Data Protection Rights Remain Unchanged
While several new protections have been introduced, your core rights as outlined by the UK GDPR are still in force. As a client you retain the right to:
- Be told how your data is being processed,
- Access your data on request,
- Have any errors corrected,
- Request the deletion of your data where appropriate,
- Limit how your data is used,
- Move your information to a different provider,
- Object to some types of data processing,
- Be protected against solely automated decisions.
Your solicitor remains professionally bound to keep your information confidential, always put your interests first, maintain proper insurance, and be answerable to their regulator.
Everyday Examples: What These Changes Mean for You
To show how these changes help you in practice, consider these common scenarios:
Requesting Your File Information:
Sarah, who is selling her property, submits a request to see what documents her solicitor holds. She receives a complete list, details about who has seen her file, explanations for why certain documents were needed, and information about how long everything will be stored. The response comes on time and in a format she can understand.
Protecting Your Private Conversations:
James faces a complicated family issue related to a house sale. All discussions about family finances with his solicitor remain confidential under legal privilege—even if outsiders ask to see them.
Keeping Digital Communication Safe:
Emma, a first-time home buyer, relies on email and text updates throughout her purchase. The new rules mean her documents are always encrypted, she can opt out of automated texts, and her choices about how to communicate are respected.
Understanding Data Sharing:
Michael wants to know who can see his details during his house purchase. He gets a clear breakdown from his solicitor showing what information went to mortgage lenders, the Land Registry, local authorities, and the estate agent—with an explanation for each instance.
Setting a Higher Standard: Best Practices in the Industry
The new law encourages firms to go beyond the minimum requirements. Many leading conveyancers are already:
- Holding regular audits of their data security systems,
- Making sure staff receive ongoing training,
- Having clear plans in case of a data breach,
- Only collecting the information they genuinely need.
They are also providing privacy policies in plain English, keeping clients updated about any changes, and offering guidance on your rights.
On the technical side, firms are ensuring encryption is always used for data storage and sharing, using modern client portals, and automating compliance so nothing is missed.
What Can You Do to Help Protect Your Information?
You are not powerless—there are many things you can do to keep your data safe:
- Make sure your solicitor uses encrypted email for documents,
- Double-check any unexpected requests for personal information,
- Keep your own records of important correspondence,
- Do not hesitate to ask your conveyancer about their data protection policies.
Be wary if you receive requests to send documents through unsecured channels, if you are asked for unrelated personal details, or if you receive privacy policies written in confusing language.
The Future of Data Protection
The Data (Use and Access) Act 2025 is just one part of a broader commitment to keeping your personal information secure. Going forward, we are likely to see even more guidance for different professions, more alignment with international standards, and constant improvements in technology.
The legal industry is adapting to these higher standards, meaning you can expect stronger protection and more transparency now, and into the future.
Moving Forward with Confidence
The process of buying or selling a property can be daunting, but you can feel reassured that your personal information is now better protected than ever before. With stronger rights, clearer explanations and tougher standards in place, your privacy always comes first. Make sure you choose professionals who embrace these values, and you can approach your property transaction with complete confidence that your data is in safe hands.
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