Schedule 8, paragraph 3

Section 73 (general principles for transfers) is amended as follows. Before subsection (1) insert— This section applies in relation to a transfer of personal data to a third country or international organisation for a law enforcement purpose. In subsection (1)— for the words before paragraph (a) substitute “The controller in relation to the transfer must secure that the transfer takes place only if—”, omit the “and” at the end of paragraph (a), and after paragraph (b) insert , and— the transfer is carried out in accordance with the other provisions of this Part. For subsection (3) substitute— Condition 2 is that the transfer— is approved by regulations under section 74AA that are in force at the time of the transfer, is made subject to appropriate safeguards (see section 75), or is based on special circumstances (see section 76). In subsection (4)— after paragraph (a) (but before the “or” at the end of that paragraph) insert— the intended recipient is a person in a third country who— is not a person described in paragraph (a), but is a processor whose processing, on behalf of the controller, of the personal data transferred is governed by, or authorised in accordance with, a contract with the controller that complies with section 59, in paragraph (b)(i), for “other than a relevant authority” substitute “who is not a person described in paragraph (a) or (aa)”. In subsection (5)(a), for the words from “either” to “State” substitute “to the public security, national security or essential interests of a third country or the United Kingdom”.

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