Data Protection Act 2018UK · 2018 c. 12
Digiphile
Data Protection Act 2018 (c. 12) – Section 74AA – Transfers approved by regulations

Sections

Section 74AA[F1Transfers approved by regulations

(1) For the purposes of section 73, 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 section 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 section 74AB).
(3) In making regulations under this section, 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 section may, among other things—
  • (a)
    make provision by reference 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 section are subject to the negative resolution procedure.]

Amended text

This Section 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

Textual Amendments

  1. F1 Ss. 74AA, 74AB 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. 8 para. 4(2); S.I. 2026/82, reg. 2(z10)

https://dpa2018.digiphile.law/article/article-74AA.html

Text as at 18 September 2026.

This is an unofficial convenience version of the Data Protection Act 2018. 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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