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2.—(1) In paragraph 102 of Schedule 2 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019(1), paragraph 5 of the Schedule 21 to be inserted in the Data Protection Act 2018(2) by that paragraph is amended as follows,
(2) After sub-paragraph (3) insert—
“(4) A transfer described in the decision specified in sub-paragraph (2)(l) may only rely on sub-paragraphs (1)(e) and (3) and that decision for the purposes of paragraph 4(1) if, at the time of the transfer, the transferee’s privacy policy with respect to the type of personal data transferred includes a commitment to comply with the Privacy Shield Principles where the personal data is transferred from the United Kingdom.
(5) In sub-paragraph (4), “the Privacy Shield Principles” means the Privacy Shield Principles set out in Annex II to the decision specified in sub-paragraph (2)(l) (including the Supplemental Principles).”.
(3) Renumber the existing sub-paragraphs (4), (5) and (6) so that they become sub-paragraphs (6), (7) and (8) respectively.
(4) In sub-paragraph (6) (as renumbered), for “(5) and (6)” substitute “(7) and (8)”.
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