Schedules Schedule 7: Transfers of personal data to third countries etc: general processing Transfers approved by regulations
Article 45A(1) provides a power for the Secretary of State to make regulations approving transfers of personal data to a third country or international organisation, thus allowing the free flow of personal data to that country or international organisation, as with the previous power to make adequacy regulations which was dealt with in section 17A of the DPA 2018 and Article 45 UK GDPR. Where such regulations are in place, UK organisations will not require any further authorisation to make a transfer of personal data to that country or international organisation, provided the transfer falls within the terms of the regulations. An international organisation could be within the UK or overseas. International organisation is defined in Article 4; examples of international organisations include UN bodies.
	Article 45A(2) specifies that the Secretary of State may only make regulations approving transfers if the Secretary of State is satisfied that the data protection test is met. The data protection test is set out in Article 45B, which is explained below.
	Article 45A(3) specifies that the Secretary of State may consider other matters that he or she considers relevant when he or she makes regulations. Other relevant matters may include consideration of the desirability of facilitating transfers of personal data to and from the UK and how they will benefit the UK. While ultimately the Secretary of State must be satisfied that the standard of protection in the other country, viewed as a whole, is not materially lower than the standard of protection in the UK, the wider context of data flows between the UK and another country may be important when deciding whether to make regulations.
	Article 45A(4) provides flexibility for regulations to be made covering some or all transfers to a country or international organisation. While regulations can be made approving all transfers to a particular country or international organisation, Article 45A(4) provides flexibility for the regulations to be more targeted and only approve certain transfers to that country or international organisation - for example, transfers to a particular sector or geographic area within the country, transfers to certain recipients or by certain UK organisations, transfers of certain types of personal data, or transfers identified in another way.
	Article 45A(5) provides that regulations under Article 45A are subject to the negative resolution procedure.