Schedules
Schedule 21[F1 Further transitional provision etcSection 213
Part 1 Interpretation
The applied GPDR
Part 2 Continuation of existing acts etc
Merger of the directly applicable GDPR and the applied GDPR
- (a)
- (b)
- (a)in relation to references in this Act, except as otherwise provided;
- (b)in relation to references in other enactments, unless the context otherwise requires.
- (a)if in force or effective immediately before IP completion day, continues to be in force or effective on and after IP completion day, and
- (b)if in the process of being done immediately before IP completion day, continues to be done on and after IP completion day.
Part 3 Transfers to third countries and international organisations
UK GDPR: [F2transfers approved by regulations]
- (a)in the case of a third country, the country or a relevant territory or sector within the country, or
- (b)in the case of an international organisation, the organisation.
- (a)repeal sub-paragraphs (1) and (2) and paragraph 5;
- (b)amend paragraph 5 so as to omit a third country, territory, sector or international organisation specified, or of a description specified, in that paragraph;
- (c)amend paragraph 5 so as to replace a reference to, or description of, a third country, territory, sector or organisation with a narrower reference or description, including by specifying or describing particular transfers of personal data and making provision described in sub-paragraph (2).
- (a)identify a transfer of personal data by any means, including by reference to the controller or processor, the recipient, the personal data transferred or the means by which the transfer is made or by reference to relevant legislation, [F4schemes, lists or other arrangements or] documents, as they have effect from time to time;
- (b)confer a discretion on a person.
- (a)an EEA state;
- (b)Gibraltar;
- (c)a Union institution, body, office or agency set up by, or on the basis of, the Treaty on the European Union, the Treaty on the Functioning of the European Union or the Euratom Treaty;
- (d)an equivalent institution, body, office or agency set up by, or on the basis of, the Treaties establishing the European Economic Area;
- (e)a third country which is the subject of a decision listed in sub-paragraph (2), other than a decision that, immediately before IP completion day, had been repealed or was suspended;
- (f)a third country, territory or sector within a third country or international organisation which is the subject of an adequacy decision made by the European Commission before IP completion day on the basis of Article 45(3) of the EU GDPR, other than a decision that, immediately before IP completion day, had been repealed or was suspended.
- (a)Commission Decision 2000/518/EC of 26th July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in Switzerland;
- (b)
- (c)Commission Decision 2003/490/EC of 30th June 2003 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Argentina;
- (d)Commission Decision 2003/821/EC of 21st November 2003 on the adequate protection of personal data in Guernsey;
- (e)Commission Decision 2004/411/EC of 28th April 2004 on the adequate protection of personal data in the Isle of Man;
- (f)Commission Decision 2008/393/EC of 8th May 2008 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey;
- (g)Commission Decision 2010/146/EU of 5th March 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection provided by the Faeroese Act on processing of personal data;
- (h)Commission Decision 2010/625/EU of 19th October 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Andorra;
- (i)Commission Decision 2011/61/EU of 31st January 2011 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of Israel with regard to automated processing of personal data;
- (j)Commission Implementing Decision 2012/484/EU of 21st August 2012 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the Eastern Republic of Uruguay with regard to automated processing of personal data;
- (k)Commission Implementing Decision 2013/65/EU of 19th December 2012 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by New Zealand;
- (m)Commission Implementing Decision (EU) 2019/419 of 23rd January 2019 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by Japan under the Act on the Protection of Personal Information.
- (a)transfers from the European Union (or the European Community) or the European Economic Area, or
- (b)transfers to which the EU GDPR applies,
it is to be treated as relating to equivalent transfers to or from the United Kingdom or transfers to which the UK GDPR applies (as appropriate).
- (a)references to regulations made under [F6Article 45A of the UK GDPR] (other than references to making such regulations) include the provision made in paragraph 5;
- (b)references to the revocation of such regulations include the repeal of all or part of paragraph 5.
UK GDPR: transfers subject to appropriate safeguards provided by standard data protection clauses
UK GDPR: transfers subject to appropriate safeguards provided by binding corporate rules
- (a)all of the changes are made in consequence of the withdrawal of the United Kingdom from the EU [F13, of provision] made by regulations under section 8 or 23 of the European Union (Withdrawal) Act 2018 [F14or of the amendment of Chapter 5 of the UK GDPR by the Data (Use and Access) Act 2025], and
- (b)none of the changes alters the effect of the rules.
- (a)changing references to adequacy decisions made by the European Commission into references to equivalent provision made by regulations under section 17A or by or under paragraphs 4 to 6 of this Schedule;
- (aa)[F15 changing references to provision made by regulations under section 17A into references to provision made by regulations made under Article 45A of the UK GDPR;]
- (b)changing references to transferring personal data outside the European Union or the European Economic Area into references to transferring personal data outside the United Kingdom.
- (a)a valid notification of the rules has been made to the Commissioner,
- (b)the Commissioner has approved them, and
- (c)that approval has not been withdrawn.
- (a)is made by a controller or processor established in the United Kingdom,
- (b)is made to the Commissioner before the end of the period of 6 months beginning with IP completion day, and
- (c)includes—
- (i)the name and contact details of the data protection officer or other contact point for the controller or processor, and
- (ii)such other information as the Commissioner may reasonably require.
- (i)
- (a)decide whether or not to approve the rules, and
- (b)notify the controller or processor of that decision.
- “adequacy decision” means a decision made on the basis of—
- (a)Article 45(3) of the EU GDPR, or
- (b)Article 25(6) of Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
- (a)
- “binding corporate rules” has the meaning given in Article [F19“4(1)(20)] of the UK GDPR.
Part 3 (law enforcement processing): [F20transfers approved by regulations]
- (a)in the case of a third country, the country or a relevant territory or sector within the country, or
- (b)in the case of an international organisation, the organisation.
- (a)repeal sub-paragraphs (1) and (2) and paragraph 11;
- (b)amend paragraph 11 so as to omit a third country, territory, sector or international organisation specified, or of a description specified, in that paragraph;
- (c)amend paragraph 11 so as to replace a reference to, or description of, a third country, territory, sector or organisation with a narrower reference or description, including by specifying or describing particular transfers of personal data and by making provision described in sub-paragraph (2).
- (a)identify a transfer of personal data by any means, including by reference to the controller or processor, the recipient, the personal data transferred or the means by which the transfer is made or by reference to relevant legislation, [F22schemes, lists or other arrangements or] documents, as they have effect from time to time;
- (b)confer a discretion on a person.
- (a)an EEA state;
- (aa)Switzerland;
- (b)Gibraltar;
- (c)a third country, a territory or sector within a third country or an international organisation which is the subject of an adequacy decision made by the European Commission before IP completion day on the basis of Article 36(3) of the Law Enforcement Directive, other than a decision that, immediately before IP completion day, had been repealed or was suspended.
- (a)transfers from the European Union (or the European Community) or the European Economic Area, or
- (b)transfers to which the Law Enforcement Directive applies,
it is to be treated as relating to equivalent transfers from the United Kingdom or transfers to which Part 3 of this Act applies (as appropriate).
- (a)references to regulations made under section [F2674AA] (other than references to making such regulations) include the provision made in paragraph 11;
- (b)references to the revocation of such regulations include the repeal of all or part of paragraph 11.
Part 4 Repeal of provisions in Chapter 3 of Part 2
Applied GDPR: power to make provision in consequence of GDPR regulations
Applied GDPR: national security certificates
Part 5 The Information [F28Commission]
Confidentiality of information
Part 6 Enforcement
GDPR: maximum amount of penalties
- (a)Article 83(5) and (6) of the UK GDPR and section 157(5)(a) and (b) of this Act have effect as if for “£17,500,000” there were substituted “ 20 million Euros ”;
- (b)Article 83(4) of the UK GDPR and section 157(6)(a) and (b) of this Act have effect as if for “£8,700,000” there were substituted “ 10 million Euros ”;
- (c)the maximum amount of a penalty in sterling must be determined by applying the spot rate of exchange set by the Bank of England on the day on which the penalty notice is given under section 155 of this Act.
GDPR: right to an effective remedy against the Commissioner
- (a)proceedings are brought against a decision made by the Commissioner before IP completion day, and
- (b)the Commissioner's decision was preceded by an opinion or decision of the European Data Protection Board in accordance with the consistency mechanism referred to in Article 63 of the EU GDPR.
Amended text
This Schedule 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
- F1 Sch. 21 inserted (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. 2 para. 102 (with reg. 5, Sch. 3 para. 111(6)) (as amended by S.I. 2020/1586, regs. 1(2), 5(4)); 2020 c. 1, Sch. 5 para. 1(1)
- F2 Words in Sch. 21 para. 4 heading substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(2) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F3 Words in Sch. 21 para. 4(1) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(3)(a) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F4 Words in Sch. 21 para. 4(4)(a) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(3)(b) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F5 Sch. 21 para. 4(6) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(3)(c) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F6 Words in Sch. 21 para. 6(1)(a) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(4)(a) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F7 Sch. 21 para. 6(2) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(4)(b) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F8 Sch. 21 para. 6(3) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(4)(c) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F9 Sch. 21 para. 7 omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(5) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F10 Sch. 21 para. 8 omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(5) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F11 Words in Sch. 21 para. 9(1) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(6)(a)(i) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F12 Word in Sch. 21 para. 9(1) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(6)(a)(ii) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F13 Words in Sch. 21 para. 9(3)(a) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(6)(b)(i) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F14 Words in Sch. 21 para. 9(3)(a) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(6)(b)(ii) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F15 Sch. 21 para. 9(4)(aa) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(6)(c) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F16 Word in Sch. 21 para. 9(5) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F17 Word in Sch. 21 para. 9(5C) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F18 Word in Sch. 21 para. 9(6) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F19 Word in Sch. 21 para. 9(7) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(15); S.I. 2026/1015, reg. 2(c)
- F20 Words in Sch. 21 para. 10 heading substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(7) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F21 Words in Sch. 21 para. 10(1) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(8)(a) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F22 Words in Sch. 21 para. 10(4)(a) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(8)(b) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F23 Sch. 21 para. 10(6) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(8)(c) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F24 Sch. 21 para. 12 renumbered as Sch. 21 para. 12(1) (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(9)(a) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F25 Words in Sch. 21 para. 12(1) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(9)(b)(i) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F26 Word in Sch. 21 para. 12(1)(a) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(9)(b)(ii) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F27 Sch. 21 para. 12(2) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 25(9)(c) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
- F28 Word in Sch. 21 Pt. 5 heading substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
Modifications etc. (not altering text)
- C1 Sch. 21: power to amend conferred (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 142(2)(g), 143(2)
https://dpa2018.digiphile.law/schedule/schedule-21.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.