Data commercialisation

“Data is the DNA of modern life and quietly drives every aspect of our society and economy without us even noticing.” These were the words of the UK government’s Technology Secretary, Peter Kyle, in his statement announcing the introduction of the UK’s new Data (Use and Access) Bill (Data Bill) in October.

Like other countries the UK is seeking to unlock the growth potential of the data that surrounds us, while protecting personal data and intellectual property. This growth potential could all come under a broad heading of data commercialisation although, given its breadth, it means different things to different people. It would encompass, for instance, using customer data for profiling and better marketing campaigns, improving efficiency of logistics operations and better fraud detection.

This fast-evolving regulatory landscape means that 2025 looks to us to be the year when businesses should focus on realising the promised riches from unlocking data. So, what are some of the factors that we believe make 2025 the year to concentrate on data commercialisation? 

Reasons for 2025 to be the year of data commercialisation

Greater certainty of a stable data privacy regime

There had been some uncertainty since Brexit as to the approach to UK data privacy legislation. The Labour government has now introduced the Data Bill, which includes, for instance, a relaxation of the existing rules on making automated decisions based on personal data. The Data Bill is expected to become law in broadly its current form in the first half of 2025, bringing some certainty and stability, and thus making it easier for businesses to plan compliant data commercialisation strategies.

Greater clarity on regulatory interpretation

Regulators’ views on cookies, which have been a key part of many commercialisation strategies, have been crystalising and aligning across the UK and EU through enforcement action and guidance.

The European Data Protection Board (EDPB) is due to publish further guidance on the so-called “pay or consent” model early in 2025, and, in the UK, the ICO is expected to release its own guidance on this topic in a similar timeframe, having recently released its update draft guidance on cookies. In addition, the UK Data Bill proposes changes to the consent requirements for some cookies and other tracking technologies. Meanwhile loyalty schemes have been one of the focus areas in 2024 for the French data protection authority, given that they are another significant source of data collection for commercialisation, with an update on its work in this area expected in Spring 2025. 

This will all contribute to a more certain regulatory landscape in which to develop commercialisation programmes.

Greater access to data

Incoming legislation promises to facilitate greater access to data, with the UK government suggesting that data sharing provisions in the Data Bill could boost the UK economy by £10bn. This is in part through greater access to public sector data but also by laying the foundations for so-called smart data schemes to enable customers to request their data be shared with third party providers. This effectively extends the successful “open banking” data sharing to other sectors such as energy. In the EU, the Data Act comes into force in September 2025, aiming to enhance the EU’s data economy and foster a competitive data market by making data more accessible and usable. This is to be achieved by increasing access to data generated by internet-connected products and related services meaning more data will be available for commercialisation. 

The practical implications of the EU AI Act will be better understood

The majority of the EU AI Act’s provisions come into force in August 2026 and there is a vast amount of guidance promised from the EU AI Office during 2025, including on the definition of AI systems and on prohibited AI uses. With the passage of time and with this promised guidance, organisations will in 2025 have a better understanding of the implications of the EU AI Act for their commercialisation projects.

Greater certainty on using copyrighted materials in AI

Following a sustained period of uncertainty in the EU and UK about the legality of using copyrighted content to train AI, greater clarity should be forthcoming in 2025. The judgment in the Getty Images v Stability AI case will shed light on the current UK position, whilst we are hopeful that the UK government’s consultation published in December 2024 will lead to a resolution of this copyright law conundrum going forward regardless of the outcome of the Getty case. In the EU, greater certainty is also expected, with the promised finalisation of the AI Office’s code of practice on general purpose AI which addresses certain aspects of this issue.

This increased clarity on what will and will not infringe copyright will enable the risks of data commercialisation through generative AI to be better assessed and weighed in a more informed way against the benefits.

What to do to take advantage?

Ensure you have good data governance in place

Projects to improve data quality and locate data are key to allow the organisation to have one “view” of the customer and to ensure the data is accurate. This is therefore the bedrock needed for successful data commercialisation.

Agree data strategy and risk appetite

Principles on who within the business is allowed to use what data and for which strategic purposes ensure that the whole organisation is aligned. It is also important to assess the organisation’s risk management strategy to enable commercialisation projects to be developed and deployed within the organisation’s risk appetite. Having these controls in place also helps facilitate sharing of data between different internal divisions as they are reassured as to the purposes for which it will be used by others.

Tone from the top and incentivisation

Tone for the top, as in all areas, makes a big difference. If the CEO sets the expectation that all parts of the business should be engaged in data commercialisation, then this will flow throughout the organisation. This can also be supported through ensuring that individual objectives and incentives include data commercialisation, and are aligned with the overall strategy.

Concluding thoughts

Data governance has in many organisations been an after thought, or an area that has struggled to receive adequate resources to address the many changes, such as the operation of legacy systems, data sprawl and poor data culture. With the growing focus on data as a valuable asset, this has brought good data governance to the fore. As no longer is it “just” a compliance project, it is now seen as an important bedrock to driving more value from the organisation’s existing data assets.