Schedule 7, paragraph 6(3)

After that paragraph insert— A transfer of personal data to a third country or an international organisation by a controller or processor is made subject to appropriate safeguards only— in a case in which— safeguards are provided in connection with the transfer as described in paragraph 2 or 3 or regulations made under Article 47A(4), and the controller or processor, acting reasonably and proportionately, considers that the data protection test is met in relation to the transfer or that type of transfer (see paragraph 6), or in a case in which— safeguards are provided in accordance with paragraph 2(a) by an instrument that is intended to be relied on in connection with the transfer or that type of transfer, and each public body that is a party to the instrument, acting reasonably and proportionately, considers that the data protection test is met in relation to the transfers, or types of transfer, intended to be made in reliance on the instrument (see paragraph 6).

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Source: legislation.gov.uk · retrieved 2026-09-04