Schedule 8, paragraph 5

Section 74B (transfers based on adequacy regulations: review etc) is amended as follows. For the heading substitute “Transfers approved by regulations: monitoring”. Omit subsections (1) and (2). In subsection (3), for “under section 74A” substitute “giving approval under section 74AA”. In subsection (4), for the words from the beginning to “otherwise,” substitute “Where the Secretary of State becomes aware that the data protection test is no longer met in relation to transfers approved, or of a description approved, in regulations under section 74AA,”. In subsection (5)— for “section 74A” substitute “section 74AA”, and for “remedying the lack of an adequate level of protection” substitute “improving the protection provided to data subjects with regard to the processing of personal data in the country or by the organisation”. In subsection (6)(a)— omit “, territories and specified sectors within a third country”, omit “, territories, sectors”, and for “specified in regulations under section 74A” substitute “approved by regulations under section 74AA as places or persons to which personal data may be transferred”. In subsection (6)(b)— omit “, territories and specified sectors within a third country”, omit “, territories, sectors”, and for “specified in” substitute “approved by”. In subsection (7)— for “regulations under section 74A which specify that an adequate level of protection of personal data is ensured only for a transfer” substitute “regulations under section 74AA which approve only certain transfers to a third country or international organisation that are”, after “the regulations” insert “(in accordance with section 74AA(4)(b))”, and omit paragraph (a) (together with the final “and”).

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