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SCHEDULE 1U.K.Amendments of the UK GDPR

42.—(1) Article 49 is amended as follows.U.K.

(2) In paragraph 1—

(a)in the opening words, for “an adequacy decision pursuant to Article 45(3)” substitute “ adequacy regulations under section 17A of the 2018 Act ”;

(b)in point (g), for “Union or Member State law” (in both places) substitute “ domestic law ”;

(c)in the second subparagraph, for “the supervisory authority” substitute “ the Commissioner ”.

(3) In paragraph 4, for “shall be recognised in Union law or in the law of the Member State to which the controller is subject” substitute “ must be public interest that is recognised in domestic law (whether in regulations under section 18(1) of the 2018 Act or otherwise) ”.

(4) Omit paragraph 5.

(5) After that paragraph insert—

5A.  This Article and Article 46 are subject to restrictions in regulations under section 18(2) of the 2018 Act..

Commencement Information

I1Sch. 1 para. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)