PART 2 U.K. General processing

CHAPTER 2 U.K. [F1 The UK GDPR]

Textual Amendments

F1 Pt. 2 Ch. 2 heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 7 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

[F2 Relevant international law U.K.

Textual Amendments

F2 S. 9A and cross-heading inserted (19.6.2025 for specified purposes, 20.8.2025 for specified purposes, 5.2.2026 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 72(7), 142(1)(2)(h); S.I. 2025/904, reg. 2(b); S.I. 2026/82, reg. 2(e)

9A Processing in reliance on relevant international law U.K.

(1) Processing of personal data meets the requirement in Article 6(3), 8A(3)(e), 9(2)(g) or 10(1) of the UK GDPR for a basis in, or authorisation by, relevant international law only if it meets a condition in Schedule A1.

(2) A condition in Schedule A1 may be relied on for the purposes of any of those provisions, unless that Schedule provides otherwise.

(3) The Secretary of State may by regulations amend Schedule A1 by adding, varying or omitting—

(a) conditions,

(b) provision about the purposes for which a condition may be relied on, and

(c) safeguards in connection with processing carried out in reliance on a condition in the Schedule.

(4) Regulations under this section may only add a condition relating entirely or partly to a treaty ratified by the United Kingdom.

(5) Regulations under this section are subject to the affirmative resolution procedure.

(6) In this section, “treaty” and “ratified” have the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).]