Get smart: data portability is moving from concept to reality

Data sharing is set to be turbocharged in the UK and EU through new schemes centred on customer-directed data portability. Ambition for these schemes is high, as drivers of competition, innovation and growth, including in the UK’s latest industrial strategy. With some schemes already operational and others set to progress rapidly across 2026, organisations should now be considering the extent to which they will be impacted and how they can take advantage of new data flows while mitigating compliance challenges.

Data sharing legislation reaches fruition

New data sharing schemes are being introduced to build on the right to data portability included in the General Data Protection Regulation (GDPR). While detail of the schemes vary, they all enable customers to receive a download of data they generate using a service or product, and/or to have this data shared directly with a third party. Some schemes also provide for wider sharing of connected business data by participants.

In Europe, new obligations around data portability have been introduced by two major pieces of digital legislation:

• the Digital Markets Act (DMA), which requires those designated as digital gatekeepers to provide users (or third parties authorised by the user) free of charge with effective portability of the data the user has provided or generated on the platform; and
• the Data Act, applicable from September 2025, which requires the sharing of data generated through a customer’s use of internet connected devices.

In the UK, the Data (Use and Access) Act 2025 (DUA Act), made law in June 2025, includes framework legislation to enable the introduction of sector-specific "smart data" schemes via secondary regulations.

Broad impact across UK sectors

The UK government is aiming to launch more than 20 new smart data schemes by 2035. Current consultations suggest many UK sectors will be impacted, including communications, transport and even retail, however two sectors have emerged as front-runners over recent months – energy and Open Finance.

The energy scheme would potentially allow domestic and business customers to share their energy consumption data with third parties, to support price comparison, switching and tailored insights into low carbon options. The UK government responded to a consultation on the energy scheme in July 2025 and is working on next steps.

The other front runner, Open Finance, would provide data sharing in relation to a range of financial products. These would potentially include savings, investments, mortgages, pensions and insurance, building on the success of the current Open Banking scheme - worth over £4 billion to the UK economy. The Financial Conduct Authority (FCA) has committed to publishing a roadmap for Open Finance by March 2026 and expects the regulatory foundations for the first scheme to be in place by the end of 2027.

What do organisations need to be considering now?

Drawing lessons from existing schemes, we outline four areas organisations should focus on:

• Opportunities from new data flows: Newly available data will enable the development of innovative products and services, by both existing market players and new entrants. For new schemes, the usefulness of the data flows will likely depend on the level of participation across the relevant sector. While participation by the largest players will most likely be mandated (as provided for in the DUA Act), questions remain around how smaller players should be included, particularly if mandating participation would burden them with disproportionate costs. In such case, would market forces be sufficient to get them to join in? Or are government incentives required? There is also no guarantee that individuals will use the schemes in practice, particularly where there is a lack of strong third-party offerings to drive them to switch.
• Compliance complexity: Organisations need to navigate compliance with the new portability schemes alongside existing laws, including ongoing GDPR duties, such as data security. There are also concerns about overlapping portability schemes being developed both nationally and internationally. Digital platforms, for example, could fall within the DMA, be subject to data portability conduct requirements under the UK Digital Markets, Competition and Consumer Act and the UK government’s proposals for a digital market smart data scheme. Regulatory cooperation and consistency will be essential to ensuring a workable regime and we are seeing encouraging signs here: EU regulators have recently issued guidance on the DMA/GDPR overlap and we are seeing ongoing collaboration between UK regulators.
• Expense: How new portability schemes are paid for and how costs are spread fairly remain uncertain as the DUA Act leaves these issues to be decided on a scheme-by-scheme basis. Alongside direct costs, organisations in scope of the new schemes will also likely face costs in ensuring their systems meet required data and transfer standards. This will be most onerous for those with extensive legacy data/systems. Organisations are expected to have little wiggle-room in the format and way information must be provided, as the UK government will likely take lessons from the strong data sharing standards and Application Programming Interfaces (APIs) used in Open Banking. Encouragingly, some organisations implementing the DMA’s portability rules have reported leveraging existing GDPR data sharing mechanisms to help meet the new requirements.
• (But also) potential efficiencies: Organisations can expect to save costs in the longer-term as a result of system improvements made for smart data. There is also significant potential for businesses to take advantage of smart data schemes on the consumer-side, in comparing prices and easier-switching.

Preparing for new data sharing schemes in 2026

To stay competitive, organisations need to ensure they are on the front foot as new data portability schemes gather pace. As we look ahead, now is the time to keep close to schemes in development and start considering how existing processes can be leveraged to facilitate compliance. Thought should also be given as to how businesses can explore strategic opportunities to harness new data flows and get ahead in an increasingly dynamic market.