CHAPTER V

Transfers of personal data to third countries or international organisations

Transfers approved by regulations
Article 45A
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
b
an international organisation.
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—
a
make provision in relation to a third country or international organisation specified in the regulations or a description of country or organisation;
b
approve all transfers of personal data to a third country or international organisation or only transfers specified or described in the regulations;
c
identify a transfer of personal data by any means, including by reference to—
i
a sector or geographic area within a third country,
ii
the controller or processor,
iii
the recipient of the personal data,
iv
the personal data transferred,
v
the means by which the transfer is made, or
vi
relevant legislation, schemes, lists or other arrangements or documents, as they have effect from time to time;
d
confer a discretion on a person.
5
Regulations under this Article are subject to the negative resolution procedure.
Arts. 45A, 45B inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 7 para. 4