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Regulation (EU) 2016/679 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation)(Text with EEA relevance)
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- Revised 04/05/20160.59 MB
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Changes over time for: Article 45
Changes to legislation:
Regulation (EU) 2016/679 of the European Parliament and of the Council, Article 45 is up to date with all changes known to be in force on or before 30 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 45:
- Art. 17(1)(g) inserted by 2024 c. 21 s. 31(2)
- Art. 17(4)(5) inserted by 2024 c. 21 s. 31(3)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 17(1)(g) inserted by 2024 c. 21 s. 31(2)
- Art. 17(4)(5) inserted by 2024 c. 21 s. 31(3)
Article 45U.K.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 [F1where 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 [F2for 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 [F3the 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.
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F46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.[F5The 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.
F68.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 45(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 38(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 45(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 38(3)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 45(2)(b) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 38(3)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 45(3)-(6) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 38(4) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 45(7) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 38(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 45(8)(9) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 38(6) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
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