Transfers on the basis of an adequacy decision
1. A transfer of personal data to a third country or an international organisation may take place where it is based on adequacy regulations (see section 17A of the 2018 Act). Such a transfer shall not require any specific authorisation.
2. When assessing the adequacy of the level of protection for the purposes of sections 17A and 17B of the 2018 Act, the Secretary of State shall, in particular, take account of the following elements:
- (a) the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation which are complied with in that country or international organisation, case-law, as well as effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data are being transferred;
- (b) the existence and effective functioning of one or more independent supervisory authorities in the third country or to which an international organisation is subject, with responsibility for ensuring and enforcing compliance with the data protection rules, including adequate enforcement powers, for assisting and advising the data subjects in exercising their rights and for cooperation with the Commissioner; and
- (c) the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data.
3-6. [THESE ARTICLES ARE INTENTIONALLY LEFT BLANK IN THE UK GDPR]
7. The amendment or revocation of regulations under section 17A of the 2018 Act is without prejudice to transfers of personal data to the third country, a territory or one or more specified sectors within that third country, or the international organisation in question pursuant to Articles 46 to 49.
8-9. [THESE ARTICLES ARE INTENTIONALLY LEFT BLANK IN THE UK GDPR]
(103), (104), (105), (106), (107)
Important note about UK GDPR recitals
Recitals to the GDPR are saved into UK domestic law and apply to the interpretation of the UK GDPR. However, they have not been amended upon saving. This may mean that some recitals are no longer relevant if the corresponding provisions have not been retained in UK domestic law. (Tell me more.)