The Data (Use and Access) Bill has received Royal Assent, making it law in the UK.
The Data (Use and Access) Act 2025 enables the use of digital ID in the United Kingdom and will apply to alcohol sales in, for example, shops, pubs, clubs, bars and restaurants, and other licensed venues requiring age verification in their premises.
A framework and supplementary code of practice will set out the rules and standards which outline what ‘good’ digital ID looks like. Digital verification service providers must become independently certified against the framework and once certified, will receive a ‘trust mark’ to verify their status. Once certified, users and businesses will be able to trust that the provider is reliable.
An online register of digital verification service providers will list organisations who have been certified against the framework. Licensees and shop owners choosing to accept digital ID in their premises will be able to access this register to check certification status of providers before entering into any agreements. The acceptance of digital ID will not be compulsory, and will be at the discretion of the premises.
When digital ID is presented, checks will need to be carried out. At present, we understand that these checks will be conducted by scanning a QR code or NFC (near field communication) technology, the same technology used in contactless bank cards. It is hoped that these checks will be seamless and help slash bar waiting times. The onus will however remain on the operator to ensure that the person presenting the digital ID matches the ID presented.
Digital ID will also allow customers to only show information to prove their age, differing from traditional forms of ID such as a drivers licences which also show your home address.
One issue that will need to be addressed is the relevance of existing conditions on premises licences that only permit physical forms of ID. This may have to be resolved with secondary legislation, or variation applications to premises licences if not secondary legislation.
Whilst the Data (Use and Access) Act has been made law, the Information Commissioner’s Office advise that most provisions are expected to come into effect in the next 2 – 6 months. We will continue to monitor developments and keep you updated.
For further information on this or any other licensing issues, please contact licensing solicitor, Elizabeth Varley on e.varley@popall.co.uk or call 07932 331 831.
