Schedule 7, paragraph 6(6)

At the end insert— For the purposes of this Article, the data protection test is met in relation to a transfer, or a type of transfer, of personal data if, after the transfer, the standard of the protection provided for the data subject with regard to that personal data by the safeguards required under paragraph 1A, and (where relevant) by other means, would not be materially lower than the standard of the protection provided for the data subject with regard to the personal data by or under— this Regulation, Part 2 of the 2018 Act, and Parts 5 to 7 of that Act, so far as relevant to processing to which this Regulation applies. For the purposes of paragraph 1A(a)(ii) and (b)(ii), what is reasonable and proportionate is to be determined by reference to all the circumstances, or likely circumstances, of the transfer or type of transfer, including the nature and volume of the personal data transferred. In this Article— references to the protection provided for the data subject are to that protection taken as a whole; “relevant person” means a public body or another person exercising functions of a public nature.

← 5 · All articles · 9 →

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