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Regulation (EU) 2016/679 as retained in UK law (UK GDPR) – Article 45A – Transfers approved by regulations

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Article 45A[F1Transfers approved by regulations

1. For the purposes of Article 44A, the Secretary of State may by regulations approve transfers of personal data to—
  • (a)
    a third country, or
  • (b)
    an international organisation.
2. The Secretary of State may only make regulations under this Article approving transfers to a third country or international organisation if the Secretary of State considers that the data protection test is met in relation to the transfers (see Article 45B).
3. In making regulations under this Article, the Secretary of State may have regard to any matter which the Secretary of State considers relevant, including the desirability of facilitating transfers of personal data to and from the United Kingdom.
4. Regulations under this Article may, among other things—
  • (a)
    make provision in relation to a third country or international organisation specified in the regulations or a description of country or organisation;
  • (b)
    approve all transfers of personal data to a third country or international organisation or only transfers specified or described in the regulations;
  • (c)
    identify a transfer of personal data by any means, including by reference to—
    • (i)
      a sector or geographic area within a third country,
    • (ii)
      the controller or processor,
    • (iii)
      the recipient of the personal data,
    • (iv)
      the personal data transferred,
    • (v)
      the means by which the transfer is made, or
    • (vi)
      relevant legislation, schemes, lists or other arrangements or documents, as they have effect from time to time;
  • (d)
    confer a discretion on a person.
5. Regulations under this Article are subject to the negative resolution procedure.]

Amended text

This Article is shown as amended by the Data (Use and Access) Act 2025 (c. 18), among other instruments (see the annotations below) (commenced provisions as at 30 September 2026, ELI), as incorporated in the text in force on 30 September 2026 as published on legislation.gov.uk.

Annotations and footnotes

Textual Amendments

  1. F1 Arts. 45A, 45B inserted (19.6.2025 for specified purposes, 5.2.2026 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 7 para. 4; S.I. 2026/82, reg. 2(z9)

https://uk-gdpr.digiphile.law/article/article-45A.html

Text as at 17 September 2026.

This is an unofficial convenience version of the UK GDPR (Regulation (EU) 2016/679 as retained in UK law). It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.

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