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The Data Protection (Adequacy) (United States of America) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 1028
- Regulation 3
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Adequate level of protection
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3.—(1) For the purposes of Part 2 of the Data Protection Act 2018(1) and the UK GDPR(2), the Secretary of State specifies the United States of America as ensuring an adequate level of protection of personal data(3) for a transfer described in paragraph (2).
(2) A transfer described by this paragraph is a transfer of personal data which—
(a)is to a person in the United States of America who is indicated on the Data Privacy Framework List as participating in the UK Extension to the EU-US Data Privacy Framework; and
(b)will be subject to the EU-US Data Privacy Framework Principles on receipt by that person.
(1)
(2)
The “UK GDPR” is defined in section 3(10) of the 2018 Act.
(3)
“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.
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