Schedule 7, paragraph 9

Article 49 (derogations for specific situations) is amended as follows. In paragraph 1, in the first subparagraph— for “adequacy regulations under section 17A of the 2018 Act, or of appropriate safeguards pursuant to Article 46, including binding corporate rules” substitute “approval by regulations under Article 45A and of compliance with Article 46 (appropriate safeguards)”, and in point (a), for “an adequacy decision” substitute “approval by regulations under Article 45A”. In paragraph 1, in the second subparagraph, for “a provision in Article 45” substitute “Article 45A”. In paragraph 4, for “section 18(1) of the 2018 Act” substitute “paragraph 4A”. After paragraph 4 insert— The Secretary of State may by regulations specify for the purposes of point (d) of paragraph 1— circumstances in which a transfer of personal data to a third country or international organisation is to be taken to be necessary for important reasons of public interest, and circumstances in which a transfer of personal data to a third country or international organisation which is not required by an enactment is not to be taken to be necessary for important reasons of public interest. Omit paragraph 5A. After paragraph 6 insert— Regulations under this Article— are subject to the made affirmative resolution procedure where the Secretary of State has made an urgency statement in respect of them; otherwise, are subject to the affirmative resolution procedure. For the purposes of this Article, an urgency statement is a reasoned statement that the Secretary of State considers it desirable for the regulations to come into force without delay.

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