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The Data Protection (Adequacy) (United States of America) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 1028
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Explanatory Note
(This note is not part of the Regulations)
These Regulations specify the United States of America as a country which provides an adequate level of protection of personal data for certain transfers for the purposes of Part 2 of the Data Protection Act 2018 (“the 2018 Act”) and the UK GDPR (defined in section 3 of the 2018 Act). This means that personal data which will be in the scope of the EU-US Data Privacy Framework Principles can be transferred to persons in the United States of America who participate in the UK Extension to the EU-US Data Privacy Framework without the need for any specific authorisation. “Personal data” is defined in Article 4(1) of the UK GDPR and has the same meaning in Part 2 of the 2018 Act by virtue of section 5 of that Act.
A full impact assessment of the effect that this instrument will have on the costs of businesses, the voluntary sector and the public sector will be published with the explanatory memorandum alongside this instrument on www.legislation.gov.uk. Hard copies can be obtained from the offices of the Department for Science, Innovation and Technology, 100 Parliament Street, London SW1A 2BQ.
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