Section 1 defines key terms and concepts for the regulation-making powers in Part 1.
	Subsection (2) defines the terms "business data", "customer data", "data holder", "data regulations" and "trader".
	"Business data" is general information about goods, services and digital content supplied or provided by a trader; information about the supply or provision of the goods, services or digital content by the trader, which may include information about their availability (for example, in a communications context, information about a supplier’s broadband coverage), price (which enables price comparisons against competitors) and other terms of supply; and information about their use, performance or quality; and information about feedback. Business data may also include information about the provision of business data under the regulations.
	"Customer data" is information specific to a customer of a trader. Without limitation, customer data includes information about the goods, services or digital content supplied or provided by a trader to that customer or to another person (recipient) at the customer’s request. This might encompass information on the prices that customer or recipient has paid or is paying (which could aid personalised price comparisons), information about other terms relating to the supply or provision of the goods, services or digital content in question to that customer or recipient, information on the use of the goods, services or digital content by that customer or recipient such as usage patterns, and information about the performance or quality of the goods, services or digital content when used by that customer or recipient. In the context of the provision of banking services, customer data could include the customer’s balance and transaction history. Customer data may also include information about the provision of customer data to a person under the regulations.
	A "data holder" is a trader (paragraph (a) of the definition) but also covers a person who, in the course of business, processes the data (paragraph (b)). Regulations under sections 2 and 4 impose obligations on data holders, and paragraph (b) of the definition ensures that those obligations may apply to persons who process data on the trader’s behalf.
	"Data regulations" are regulations relating to customer data and business data under sections 2 and 4 (and may be read to include regulations to which section 23 (related subordinate legislation) applies: see section 23(3)).
	Aside from the "data regulations", Part 1 contains other, ancillary, regulation-making powers in sections 8 (enforcement of regulations under this part), 11 (fees), 12 (levy), 14 (the FCA and financial services interfaces), 16 (the FCA and financial services interfaces: penalties and levies), 17 (the FCA and co-ordination with other regulators), 18 (liability in damages) and 19 (duty to review regulations). References in these notes to "Part 1 regulations" are to regulations under any or all powers in Part 1 whether or not they are data regulations.
	A "trader" is a person who supplies or provides goods, services or digital content in the course of a business whether acting personally or through another person.
	The definitions of "business data", "customer data", and "trader" are framed by reference to the supply or provision of goods, services and digital content. The application of Part 1 to "goods", "services", "digital content" reflects the approach of Part 1 (consumer contracts for goods, digital content and services) of the Consumer Rights Act 2015. However, "digital content" and "goods" are defined for the purpose of Part 1 in section 25(1). Unlike the 2015 Act, "goods" includes water, gas and electricity without restriction as to how or in what quantity they are supplied.
	Subsections (3) to (5) describe when, and in relation to what, a person is a customer of a trader for the purposes of Part 1.
	Subsection (3) ensures that a person (C) may be a customer of a trader (T) not only where C purchases goods, services or digital content ("goods etc.") from T, but where C is supplied goods etc. purchased by another person and where C receives goods etc. free of charge.
	Subsection (4) ensures that a person may be treated as a customer in relation to the purchase, supply, provision or receipt of goods etc. before this section comes into force.
	Subsection (5) confirms that a person is considered a customer from the point of entering into agreement to purchase the goods etc. from T, and not just when those things are provided to the customer or recipient.
	Customers are intended to include, but are not restricted to, consumers. Regulations may therefore apply to customers acting for purposes relating to a course of business including customers which are corporate entities. The breadth of the concept of customer reflects that business customers – particularly small businesses – may suffer from similar disadvantages relating to access to data as consumers. Pursuant to section 21(1)(a) and (b), data regulations may be made to apply only to certain categories of customer.
	Subsection (6) provides that references to the provision or receipt of data should be read as including access to data by that person or other persons. This reflects that, in practice, data might not be transferred from one person to another; rather, it may be the case that the person is granted access to data which is, and remains, held by the data holder.
Part 1: Access to Customer Data and Business Data Introductory Section 1: Customer data and business data