Description

Data (Use and Access) Act including data transfers regulation enters into force

On 5 February 2026, the data transfer provisions in the Data (Use and Access) Act enter fully into force, as provided for in the Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026. The newly effective provisions amend the data transfer framework of the UK GDPR, establishing that transfers can only occur if they meet specific conditions, such as approval by regulations, appropriate safeguards, or derogations for specific situations. The amendment fully replaces the system of adequacy decisions with regulations issued by the Secretary of State, who is responsible for approving transfers based on the data protection standards of the receiving entity, with regulations subject to the negative resolution procedure. Transfers must ensure the protection of data to a level equivalent to UK laws, and if these standards decline, regulations may be amended or revoked. The Secretary of State can also specify standard clauses for safeguards and determine when transfers are necessary for the public interest.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2024-10-23
under deliberation

On 23 October 2024, the Data (Use and Access) Bill was introduced to the United Kingdom’s parliamen…

2025-02-05
under deliberation

On 5 February 2025, the Data (Use and Access) Bill was passed by the House of Lords. The Bill intro…

2025-06-11
adopted

On 11 June 2025, the Data (Use and Access) Bill was adopted following its final agreement in the Ho…

2025-06-19
adopted

On 19 June 2025, the Data (Use and Access) Bill received royal assent. The Bill introduces a framew…

2026-02-05
in force

On 5 February 2026, the data transfer provisions in the Data (Use and Access) Act enter fully into …