Governance of Data under the REC
Summary
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Latest update and next planned activity
Date of latest update
Latest Update
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Impacts Overview
Impacted REC Parties and Market Participants
DCC
Impacted REC Documents
REC Main Body
Impacted REC Services
Central Switching Service (CSS)
Priority and rationale
High
Priority last updated on 29 May 2026
Solution development
Problem Statement
The current data protection and governance provisions in the REC are not fit for purpose, having the potential for ambiguity. Changes have been identified, following legal review, to provide more clarity for REC Parties who are Data Controllers and/or Data Processors, and to enable RECCo to maintain a comprehensive approach to the governance of data under the REC.
Proposed solution summary
- As a Consumer, I want to have the confidence that my data is being handled compliantly in accordance with the Data Protection Act 2018. As a REC Party, I want to achieve better compliance and have clarification on my obligations in the context of REC Services.
- As the CRS Service Provider, I need to ensure when submitting reporting data from the REC v3.0 Go-Live Date I meet the REC Obligations. As RECCo I want to have an approval role concerning additional uses of data beyond the provision of the CRS services, so that a comprehensive approach to the governance of data under the REC is maintained.
- As a REC Party/Service User, I want to understand the reporting obligations I need to meet if I have suffered a personal data breach, to ensure that RECCo Board is made aware. As a REC Party/Service User, I need to understand that I will still need to independently assess and document my respective data protection roles under the REC. As a REC Party/Service User, I need to understand the roles and responsibilities of a Data Controller and/or Data Processor to be able to carry out my obligations under the REC.
No documents available.
Change Plan
REC Party Impact Assessment Issued
Completed
Start:
20 May 2022Due:
10 Jun 2022Completion:
10 Jun 2022Present Revised Change Proposal Plan to the REC Change Panel
Completed
Start:
10 Jun 2022Due:
21 Jun 2022Completion:
21 Jun 2022Consultation Period End
Not Started
Start:
21 Jun 2022Due:
08 Jul 2022Completion:
Final Change Report Issued
Not Started
Start:
08 Jul 2022Due:
15 Jul 2022Completion:
Responsible Committee Decision
Not Started
Start:
15 Jul 2022Due:
19 Jul 2022Completion:
Authority Determination
Not Started
Start:
19 Jul 2022Due:
02 Aug 2022Completion:
Original submission
Change details
Brian O'Shea - RECCo
20 May 2022
Change details
Use of Data under the REC
The modification is proposed in order to clarify, update and extend the requirements of the REC which govern the use of data. RECCo is keen to ensure that data governed under the REC is treated in accordance with the Ofgem data best practice guidance and that data is able to be used to support innovation and to further the interests of consumers. We are also keen to ensure that no party gets an unfair commercial advantage in use of data from their position in relation to energy market systems or processes. The existing data protection clauses set out under Clauses 19 and 20 of the REC are being updated to ensure closer alignment with UK GDPR requirements following developments in the legal and regulatory landscape since the GDPR came into force in 2018 (including updated guidance issued by the ICO and the impact of Brexit). The restrictions on use of data by the DCC are also being updated to reflect the controls which apply to other REC Service Providers, and to give RECCo a gateway approval role concerning additional uses of data beyond the provision of the CSR services which will enable RECCo to maintain a comprehensive approach to the governance of data under the REC. The drafting is designed to ensure that in doing so, RECCo would not unreasonably withhold permission with assessment based on data best practice principles, and that any use or commercialisation of the data governed by the REC should be on fair, reasonable and non-discriminatory terms that are available to others.
The updated data protection clauses address, in particular, the following provisions: Removing the potential for ambiguity by making the clauses more agnostic in relation to which entity is a Data Controller and/or Data Processor– thereby requiring the REC Parties to assess their own circumstances when the relevant clauses will apply; Imposing additional internal reporting obligations on parties who have suffered a personal data breach to ensure that REC Board is made aware; and Tightening definitions. REC Parties will still need to independently assess and document their respective data protection roles under the REC. The additional confidentiality obligations replicate and build upon the confidentiality obligations that already exist in condition 10 of the DCC licence. Condition 10 of the DCC licence allows DCC to use confidential information outside its Mandatory Business with Ofgem's approval. The new proposed REC Clause 18 requires – in the case of data obtained under the REC – the DCC to obtain RECCo's approval. This requirement for approval will ensure a process is place to provide, subject to the criteria set out above, a mechanism for DCC to legitimately use data obtained from the REC for any additional purposes beyond the provision of the CSR services. The proposed clause replicates the following drafting from the DCC licence – (a) the definition of Confidential Information (written by reference to the CRS Provider); (b) condition 10.12 (subject to the exceptions under condition 10.5); and condition 10.13.
The Parties to the REC wish to achieve better compliance and clarity regarding their data protection obligations in the context of the REC services. The changes to the REC clauses are a critical step in this process.
The content of this change proposal has been the subject of series of meetings between DCC and RECCo and their respective legal advisors and discussions have been overseen by Ofgem. The drafting proposed for Clauses 19 and 20 has been agreed between DCC and RECCo. It is essential that the REC provisions are updated to reflect the proposed changes to ensure that DCC is able to comply with its obligation to submit RMP (MPXN) reporting information in accordance with Paragraph 8.1 of the REC Central Switching Service Definition from 18 July 2022. In carrying out the review of those provisions, RECCo, DCC and Ofgem further agreed the principle that data governed under the REC should be treated in accordance with the Ofgem data best practice guidance and that data is able to be used to support innovation and to further the interests of consumers. RECCo considers that the drafting of Clause 18 best achieves this by providing a governance mechanism for allowing DCC use of data governed under the REC for purposes other than CSS, with RECCo and Ofgem permission, with a presumption that data should be open, with constraints on use applied only where necessary.
Impacts
Other (please specify in the Additional information box below)
Other (please provide details in Additional information box below)
No direct Consumer impact
REC Main Body
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No details provided
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No details provided
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No details provided
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No details provided
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Central Switching Service (CSS), Switching Operator
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DCC
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No details provided
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No
No details provided
Priority & timing
Yes
The changes to are required to ensure DCC can meet its REC Obligations to submit RMP/MPXN reporting data from the REC v3.0 Go-Live Date
The changes from the REC v3.0 Go-Live Date
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No details provided
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