UK extends GB biocides data protection to 2030

If you make or sell disinfectants, insect control products or wood preservatives in Great Britain, a quiet but important rule just moved. On 24 November 2025 the Government made the Biocidal Products (Data Protection Periods) (Amendment) Regulations 2025 (S.I. 2025/1221). In plain terms, certain biocides data will now stay protected until 31 December 2030.

The instrument was laid before Parliament on 25 November 2025 and comes into force on 30 December 2025. It applies in England, Wales and Scotland and, as stated on legislation.gov.uk, was made with the consent of the Scottish Ministers and the Welsh Ministers. Northern Ireland follows different arrangements under the Windsor Framework.

A quick refresher if you’re teaching or learning public law: a Statutory Instrument (SI) is a legal tool that lets ministers update detailed rules without passing a brand‑new Act. Parliament still sees it and can challenge it, but the process is faster, which is why you’ll see S.I. numbers used to track each change.

So what are biocides? They’re products used to control harmful organisms-hand sanitiser, surface wipes, rodent baits, antifouling paints and wood preservatives are common examples. Each product contains an active substance, the ingredient that does the job. Uses are grouped into product‑types, such as disinfectants or preservatives. In GB, the Health and Safety Executive (HSE) regulates this under the retained Biocidal Products Regulation.

Article 95 of the GB Biocidal Products Regulation sets the ground rules for who can place active substances on the market. Companies that generated the scientific data enjoy a period of data protection, and others usually need a Letter of Access or a data‑sharing agreement to rely on those studies. This reduces duplicate testing (including on animals) and spreads costs fairly across suppliers.

This SI makes two targeted tweaks to Article 95. First, it cleans up a cross‑reference so paragraph 3 now points to Regulation (EU) No 1062/2014, which runs the review programme of active substances. Second-and this is the headline change-it rewrites paragraph 5 so that, by way of derogation from Article 60, the data protection periods for active substance/product‑type combinations listed in Annex II to Regulation 1062/2014, where no approval decision has yet been issued by the Secretary of State (or by the European Commission before IP completion day), will all end on 31 December 2030.

If you’re new to the timeline, IP completion day was 31 December 2020. The reference matters because decisions taken by the European Commission before that date still have effects in GB’s transitional scheme. Where neither GB nor the EU had reached a decision by then, this new rule creates a uniform back‑stop so protection does not lapse mid‑review.

You might be asking why the date is 2030. Government notes explain that the previous end date was 31 December 2025, and this instrument extends it by five years. The practical effect is to avoid a data “cliff‑edge” while the review programme completes, so companies know exactly how long access rights and cost‑sharing obligations continue.

What this means for you is clear. If you rely on another company’s data, you should expect to maintain Letters of Access or data‑sharing arrangements until the end of 2030 for any affected active substance/product‑type combination. If you own the data, your protection for those combinations runs to that same date unless a GB approval decision is taken sooner under the usual rules.

There are some simple steps worth taking now. Map your products to their active substances and product‑types. Check that your supplier is on the Article 95 list and that your documentation proving access is current. Diarise 30 December 2025 as the start date for the amended rule, and 31 December 2030 as the long‑stop for the protections it covers. Keep your records tidy in case HSE asks for evidence.

For transparency, the SI is signed by Stephen Timms, Minister of State at the Department for Work and Pensions. The official text is on legislation.gov.uk as S.I. 2025/1221, and HSE’s GB List of Active Substances is available at Link Government notes say no full impact assessment was produced, as no significant impact is foreseen.