Data protection and employee information

STOP PRESS: The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 bring into force the remaining provisions of the Data (Use and Access) Act 2025 (DUAA 2025). Provisions relating to subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement are in force from 5 February 2026, and provisions relating to penalty notices and complaints are in force from 19 June 2026. For more information, see Practice Note: Data (Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to take account of these changes.

The material is this subtopic primarily considers the UK GDPR regime, and legislative links are to Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), except where expressly stated otherwise.

For a more detailed introduction to UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

AI in the workplace

Practice Note:

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Home Office revises all principal Sponsor Guidance documents

On 6 March 2026 the Home Office brought into force version 03/26 of the principal sponsor guidance documents within the ‘Workers and Temporary Workers: guidance for sponsors’ collection, together with consequential amendments to the route-specific guidance for Skilled Workers. The changes affect Part 1: Apply for a licence, Part 2: Sponsor a worker, Part 3 (compliance and enforcement), Appendix D (record-keeping guidance) and the ‘Sponsor a Skilled Worker’ guidance, and also see the introduction of a new standalone and expanded Glossary. There is now extensive cross-referencing across all documents to that centralised source of definitions. Across the suite of guidance, the concept of a ‘genuine vacancy’ or ‘genuine employment’ has been removed and replaced with the newly defined term ‘eligible role’. This definition, now embedded in the Glossary and incorporated expressly into the other guidance documents, requires that the role must exist or be reasonably anticipated, meet all route-specific requirements including skill level and salary thresholds, comply with wider employment legislation and remain appropriate to the sponsor’s business throughout the period of sponsorship. References to assessing whether a vacancy is ‘genuine’ have been systematically replaced with consideration of whether the work meets the definition of an ‘eligible role’ and refusal, suspension and revocation provisions have been redrafted accordingly.  Other changes include Parts 1 and 3 now making explicit that sponsorship is voluntary, that a licence is granted at the discretion of the Home Office and creates no enforceable right and now stating that enforcement action may be taken on the basis of ‘reasonable suspicion’ of non-compliance rather than established breach. Further details of the changes will follow.

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