Privacy complaints are becoming a board level business risk: are you ready?

Laura Crowe, Associate

UK organisations are operating in an increasingly accountable data protection environment. Expectations are rising – not only around compliance with the UK GDPR and the Data Protection Act 2018 (DPA 2018), but around how organisations manage personal data issues in practice.

In this context, the ability to manage data privacy complaints effectively is emerging as a core component of sound governance. What was once treated as a peripheral compliance activity is now recognised as an important indicator of organisational maturity, risk management, and trustworthiness.

From legal obligation to practical capability

Under UK data protection law, individuals have long had the right to raise concerns with organisations and to complain to the Information Commissioner’s Office (ICO). Alongside these formal rights, the ICO has consistently emphasised the importance of organisations resolving issues directly and proportionately wherever possible.

The direction of travel under the Data (Use and Access) Act 2025 (DUAA) reinforces this approach. While DUAA seeks to provide organisations with greater flexibility and reduce unnecessary administrative burden, it also places greater focus on outcomes, particularly an organisation’s ability to demonstrate accountability in real‑world scenarios.

With effect from 19 June 2026, Section 103 of DUAA inserts Section 164A into the DPA 2018, requiring organisations to implement a formal, accessible internal complaint-handling process for data protection issues.

This shifts the emphasis away from static / tick-box policies towards operational readiness: how well systems, processes, and decision‑making function in practice.

Why privacy complaints matter from a business perspective

A well‑designed privacy complaints process supports more than regulatory compliance. It plays a wider role in managing risk and maintaining confidence:

• Regulatory resilience: Effective complaints handling can reduce escalation to the ICO and place organisations in a stronger position if scrutiny does arise.
• Reputational protection: Clear, measured responses to data concerns help maintain trust with customers, employees, and partners.
• Early risk identification: Complaints often reveal gaps in training, systems, or governance before they become more serious issues.
• Demonstrable accountability: The ability to evidence consistent, thoughtful handling of complaints supports broader governance and assurance frameworks.

As awareness of data rights continues to increase, expectations about how organisations engage with individuals are also becoming more sophisticated.

Characteristics of an effective complaints process

UK regulators do not prescribe a single approach to privacy complaints handling, but regulatory practice highlights several key features.

• Clear and accessible routes for individuals to raise privacy concerns, typically via a privacy notice or dedicated data protection information
• Defined ownership, with responsibility clearly allocated to a Data Protection Officer, privacy lead, legal team, or risk function
• Consistent internal procedures for logging, assessing, and resolving complaints
• Meaningful engagement, including clear explanations and proportionate investigation
• Learning and oversight, using complaints data to identify trends and drive improvement

Complaints handling and regulatory engagement

An effective internal complaints process does not prevent escalation to the ICO, but it can influence how regulators view an organisation’s governance. Organisations that demonstrate clear ownership, transparency, and proportionate judgment are better placed to engage constructively with regulators than those with fragmented or reactive processes.

What this means for your organisation

To keep pace with evolving expectations, organisations should consider whether their approach to privacy complaints reflects their wider governance objectives. Key questions include:

• Is the route for raising privacy complaints clear and accessible in practice?
• Is responsibility for handling complaints clearly defined across the organisation?
• Are complaints used to inform management insight and continuous improvement?
• Can the organisation evidence how concerns are handled, resolved, and reviewed?

Practical steps may include reviewing privacy notices, testing complaints workflows, training relevant staff, and ensuring appropriate senior oversight.

As expectations continue to rise, organisations that invest now in robust privacy complaints processes will be better equipped for regulatory scrutiny and long‑term confidence in their data practices.

If you require further information or assistance, please contact a member of our commercial team on 0161 832 3434, or by emailing [email protected].