7 U.K. In the heading of Article 47 (binding corporate rules) at the beginning insert “Transfers subject to appropriate safeguards:” .
I337 Sch. 7 para. 7 not in force at Royal Assent, see s. 142(1)
I338 Sch. 7 para. 7 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(z9)
8 U.K. After Article 47 insert—
“ Article 47A Transfers subject to appropriate safeguards: further provision
1. The Secretary of State may by regulations specify standard data protection clauses which the Secretary of State considers are capable of securing that the data protection test set out in Article 46 is met in relation to transfers of personal data generally or in relation to a type of transfer specified in the regulations.
2. The Secretary of State must keep under review the standard data protection clauses specified in regulations under paragraph 1 that are for the time being in force.
3. Regulations under paragraph 1 are subject to the negative resolution procedure.
4. The Secretary of State may by regulations make provision about further safeguards that may be relied on for the purposes of Article 46(1A)(a).
5. The Secretary of State may only make regulations under paragraph 4 if the Secretary of State considers that the further safeguards are capable of securing that the data protection test set out in Article 46 is met in relation to transfers of personal data generally or in relation to a type of transfer specified in the regulations.
6. Regulations under paragraph 4 may, among other things—
(a) make provision by adopting safeguards prepared or published by another person;
(b) make provision about ways of providing safeguards which require authorisation from the Commissioner.
7. Regulations under paragraph 4 which amend Article 46 may do so only in the following ways—
(a) by adding ways of providing safeguards, or
(b) by varying or omitting ways of providing safeguards which were added by regulations under this Article.
8. Regulations under paragraph 4 are subject to the affirmative resolution procedure. ”
I339 Sch. 7 para. 8 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
I340 Sch. 7 para. 8 in force at 5.2.2026 in so far as not already in force by S.I. 2026/82 , reg. 2(z9)
Derogations for specific situations U.K.
9 (1) Article 49 (derogations for specific situations) is amended as follows.
(2) In paragraph 1, in the first subparagraph—
(a) for “adequacy regulations under section 17A of the 2018 Act, or of appropriate safeguards pursuant to Article 46, including binding corporate rules” substitute “approval by regulations under Article 45A and of compliance with Article 46 (appropriate safeguards)” , and
(b) in point (a), for “an adequacy decision” substitute “approval by regulations under Article 45A” .
(3) In paragraph 1, in the second subparagraph, for “a provision in Article 45” substitute “Article 45A” .
(4) In paragraph 4, for “section 18(1) of the 2018 Act” substitute “paragraph 4A” .