Schedule 9, Part 2, paragraph 33

For the purposes of section 73(3) of the 2018 Act (general principles for transfers of personal data), a transfer of personal data to a third country or an international organisation made on or after the relevant day is a transfer made subject to appropriate safeguards where— an appropriate pre-commencement legal instrument binds the intended recipient of the data, and if the transfer had been made immediately before the relevant day, the requirement in section 75(1)(a) of the 2018 Act (binding legal instrument containing appropriate safeguards) would have been satisfied by virtue of that instrument. Sub-paragraph (1) has effect in addition to section 75(1A) of the 2018 Act. For the purposes of sub-paragraph (1), a legal instrument is an “appropriate pre-commencement legal instrument”, in relation to a transfer of personal data, if— it was entered into before the relevant day, it is intended to be relied on in connection with the transfer or that type of transfer, and at least one competent authority is a party to the instrument. In this paragraph— “competent authority” has the same meaning as in Part 3 of the 2018 Act (see section 30 of that Act); “international organisation” has the same meaning as in the 2018 Act (see section 205 of that Act); “personal data” has the same meaning as in the 2018 Act (see section 3 of that Act); “the relevant day” means the day on which paragraph 6 of Schedule 8 to this Act comes into force; “third country” has the same meaning as in Part 3 of the 2018 Act (see section 33 of that Act).

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