Art. 45A GDPR Transfers approved by regulations For the purposes of Article 44A, the Secretary of State may by regulations approve transfers of personal data to— a third country, or an international organisation. 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). 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. 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; approve all transfers of personal data to a third country or international organisation or only transfers specified or described in the regulations; identify a transfer of personal data by any means, including by reference to— a sector or geographic area within a third country, the controller or processor, the recipient of the personal data, the personal data transferred, the means by which the transfer is made, or relevant legislation, schemes, lists or other arrangements or documents, as they have effect from time to time; confer a discretion on a person. Regulations under this Article are subject to the negative resolution procedure. Prev. Article View All Next Article Further Information This version of the UK GDPR is offered purely as what we hope will be a helpful resource. It does not have the status of law, and should not be relied on as such. Nor do we guarantee it is free from errors. It was originally prepared using a Keeling Schedule made available by the UK Government. Since then, a consolidated version has also been made available on the legislation.gov.uk pages. By virtue of section 3 of the European Union (Withdrawal Act) 2018, the GDPR (Regulation (EU) 2016/679) was retained in United Kingdom law as "direct EU legislation". However, the effect of the Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2019, as amended by the Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2020, was, from 1 January 2021, immediately to make changes to the retained GDPR, and to refer to it as the "UK GDPR". These pages reflect those changes. This resource includes links to the GDPR recitals. The explanatory notes to the European Union (Withdrawal Act) 2018 confirm that where legislation is converted under section 3, it is the text of the legislation itself which will form part of domestic legislation, and this will include the full text of any EU instrument (including its recitals). Accordingly, recitals will continue to be interpreted as they were prior to the UK’s exit from the EU. They will, as before, be capable of casting light on the interpretation to be given to a legal rule, but they will not themselves have the status of a legal rule. However, it stands to reason that – as the recitals themselves have not been amended – they will in places contain language and references to EU bodies and rules which no longer apply to the UK. In this resource we link Articles of the UK GDPR to the corresponding recitals. In deciding which recitals correspond to which Articles of UK GDPR, we have drawn on the working document of the EU GDPR which the Information Commissioner had previously published in 2017. Downloads Working document of the EU GDPR published 2017 and archived on the National Archives website