I326 Sch. 7 para. 1 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(z9)
General principles for transfers U.K.
2 (1) Omit Article 44 (transfers of personal data to third countries etc: general principle for transfers).
(2) After that Article insert—
“ Article 44A General principles for transfers
1. A controller or processor may transfer personal data to a third country or an international organisation only if—
(a) the condition in paragraph 2 is met, and
(b) the transfer is carried out in compliance with the other provisions of this Regulation.
2. The condition is met if the transfer—
(a) is approved by regulations under Article 45A that are in force at the time of the transfer,
(b) is made subject to appropriate safeguards (see Article 46), or
(c) is made in reliance on a derogation for specific situations (see Article 49).
3. A transfer may not be made in reliance on paragraph 2(b) or (c) if, or to the extent that, it would breach a restriction in regulations under Article 49A. ”
I327 Sch. 7 para. 2 not in force at Royal Assent, see s. 142(1)
I328 Sch. 7 para. 2 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(z9)
Transfers approved by regulations U.K.
3 Omit Article 45 (transfers on the basis of an adequacy decision).
I329 Sch. 7 para. 3 not in force at Royal Assent, see s. 142(1)
I330 Sch. 7 para. 3 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(z9)
4 U.K. After that Article insert—
“ Article 45A Transfers approved by regulations
1. For the purposes of Article 44A, the Secretary of State may by regulations approve transfers of personal data to—
(a) a third country, or
2. The Secretary of State may only make regulations under this Article approving transfers to a third country or international organisation if the Secretary of State considers that the data protection test is met in relation to the transfers (see Article 45B).
3. In making regulations under this Article, the Secretary of State may have regard to any matter which the Secretary of State considers relevant, including the desirability of facilitating transfers of personal data to and from the United Kingdom.
4. Regulations under this Article may, among other things—