10 Feb 2026
by Daniella Bennett Remington

ICO publishes update to government on economic growth commitments

A little over a year on from their initial letter to the Prime Minister, Chancellor and Business Secretary on how they are working to promote economic growth, the ICO have issued an update. 2026 will be a pivotal year for the regulator as they look to complete their restructuring to become the Information Commission. This will include the publication of the next multi-year corporate strategy and the appointment of a new Board. 

The letter provides an update on how the ICO are performing against their commitments set out in HM Treasury’s Regulatory Action Plan

  1. The ICO are committed to producing a single set of rules for developing or using AI products. They are working with Government on secondary legislation to enable the rules to become a statutory code of practice on the use of AI and automated decision-making (ADM). 
  2. Their expanded data essentials training and assurance platform will launch in Spring 2026. 
  3. The ICO has secured funding from the Regulatory Innovation Office (RIO) to enhance their existing sandbox. Work on the sandbox will include research reports on its economic impact and user demand, as well as the establishment of a citizen’s jury to gather public views. The aforementioned is due to be completed by mid-February, whilst the remainder of the ICO’s work in this space is timed to inform the Government’s AI Growth Lab proposals. 
  4. The ICO are still analysing low-risk online advertising activities that could be delivered without consent under Privacy and Electronic Communications Regulations (PECR). They will provide their evidence base to Government in the spring.  
  5. The ICO published their new international data transfers guidance in January (summary below), which seeks to create a more proportionate and risk-based regime for data transfers. 

As the ICO look to develop their next multi-year corporate strategy this year, the publication also outlines some additional milestones for the year ahead: 

  • New guidance on purpose limitation, codes of conduct and data protection by design. 
  • Updated procedural guidance on their regulatory and enforcement approach.  
  • Working with their Digital Regulation Cooperation Forum (DRCF) partners to develop a prototype digital library. 

techUK Response 

techUK welcomes the ICO’s ongoing work to promote the Government’s growth agenda and eagerly awaits further information of their AI code of practice, review of PECR consent requirements, and efforts to improve their regulatory sandbox. Our members work across the sectors the ICO seek to regulate; techUK is therefore well equipped to facilitate direct industry engagement for the ICO to test proposals and to collate industry feedback and inputs.  

techUK would like greater clarity on how the estimate that the ICO generated £233m of economic value for UK businesses over the past five years was reached. As the ICO point out, the UK’s data economy represents 7.4% of GDP, and as a result we would expect the figure to be significantly higher.  

We encourage the ICO to continue engaging with techUK and our members throughout their policymaking journey, as regular meaningful industry engagement is the best mechanism to ensure their regulatory proposals are truly supporting growth. 

Summary: ICO Updated Guidance on International Transfers 

As aforementioned, the ICO have also published their finalised guidance on international transfers, which  outlines how Data Protection Offices (DPOs) can transfer personal information abroad. The guidance is timely as the “not materially lower” standard introduced under the Data (Use and Access) Act (DUAA), has now (much of the data protection amendments under the DUAA came into force on 5th February 2026) replaced the EU’s “essentially equivalent” standard to bring more flexibility to UK international data sharing. 

Key Takeaways: 

An international transfer refers to either: 

  • Sending personal information to a separate organisation outside the UK.  
  • Making personal information accessible to a separate organisation outside the UK. 

Should the following precepts apply, a transfer is considered “restricted”: 

  • The UK GDPR applies to an organisation’s processing of the personal information they are transferring; 
  • they are initiating the transfer of personal information to an organisation located outside the UK; and 
  • the organisation receiving the personal information is a separate legal entity to the initial organisation. 

For restricted transfers, these must be covered by either UK adequacy regulations, appropriate safeguards, or an exception:   

  1. Adequacy Regulations: Adequacy regulations set out which regions or international organisations the UK Government deems to have an adequate data protection regime.  

At present, all countries in the European Economic Area (EEA) have full adequacy, as well as Andorra, Argentina, Faroe Islands, Gibraltar, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland, Uruguay, and the Republic of Korea. The United States only has partial adequacy, which covered information transferred under the UK extension to the EU-US Data Privacy Framework. 

  1. Appropriate Safeguards: Appropriate safeguards apply to restricted transfers to countries that do not have full adequacy. These safeguards are set out in Article 46 of the UK GDPR and include a code of conduct approved by the ICO, binding corporate rules, or contractual clauses authorised by the ICO. 

If an organisation decides to use an appropriate safeguard, they must first fill out a Transfer Risk Assessment (TRA). The ICO have developed a template document, known as their TRA Tool, to guide this process for businesses. 

  1. Using an Exception: Circumstances can exist for restricted transfers through exceptions, including obtaining explicit consent from the person who the information being transferred is about, the transfer is necessary for important reasons of public interest, or the disclosure is from a public register. The full list of exemptions can be found here

For sight of techUK’s response to the ICO’s consultation on the draft guidance or to raise any questions about this work, please contact Dani ([email protected]).  

Daniella Bennett Remington

Daniella Bennett Remington

Policy Manager - Digital Regulation, techUK

techUK's Policy and Public Affairs Programme activities

techUK helps our members understand, engage and influence the development of digital and tech policy in the UK and beyond. We support our members to understand some of the most complex and thorny policy questions that confront our sector. Visit the programme page here.

 

Upcoming events

Latest news and insights 

Learn more and get involved

 

Policy Pulse Newsletter

Sign-up to get the latest tech policy news and how you can get involved in techUK's policy work.

 

 

Here are the five reasons to join the Policy and Public Affairs programme

Download

Join techUK groups

techUK members can get involved in our work by joining our groups, and stay up to date with the latest meetings and opportunities in the programme.

Learn more

Become a techUK member

Our members develop strong networks, build meaningful partnerships and grow their businesses as we all work together to create a thriving environment where industry, government and stakeholders come together to realise the positive outcomes tech can deliver.

Learn more

Meet the team 

Antony Walker

Antony Walker

Deputy CEO, techUK

Nimmi Patel

Nimmi Patel

Associate Director for Policy, techUK

Alice Campbell

Alice Campbell

Head of Public Affairs, techUK

Edward Emerson

Edward Emerson

Head of Digital Economy, techUK

Samiah Anderson

Samiah Anderson

Head of Digital Regulation, techUK

Jake Wall

Jake Wall

Policy Manager, Skills and Future of Work, techUK

Archie Breare

Archie Breare

Policy Manager - Skills & Digital Economy, techUK

Daniella Bennett Remington

Daniella Bennett Remington

Policy Manager - Digital Regulation, techUK

Oliver Alderson

Oliver Alderson

Junior Policy Manager, techUK

Tess Newton

Team Assistant, Policy and Public Affairs, techUK

 

 

Authors

Daniella Bennett Remington

Policy Manager for Digital Regulation, techUK