Data (Use and Access) Act 2025

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.”

Commencement Information

I1 Sch. 7 para. 8 in force at Royal Assent for specified purposes, see s. 142(1)(2)(h)