Chapter 5 of the UK GDPR sets out the conditions under which personal data can be lawfully transferred to a country outside of the UK or an international organisation (as defined in Article 4 of UK GDPR). Schedule 7 makes various amendments to Chapter 5 of the UK GDPR, to reform the UK’s regime for international transfers, as explained below.
	Paragraph 2(1) of Schedule 7 omits Article 44 and paragraph 2(2) replaces it with a new Article 44A.
	Article 44A(1) to (3) set out the three legal bases under which personal data can be lawfully transferred overseas. The first basis is where the Secretary of State has made regulations allowing the free flow of personal data to another country (see Article 45A-C). The second basis is where appropriate safeguards for the personal data are provided under Article 46. For example, organisations may put contractual clauses in place with recipient organisations overseas to ensure that the personal data is treated safely and securely. The third basis is where a transfer can be made based on a derogation under Article 49.
	Paragraph 3 of Schedule 7 omits Article 45. Article 45 provided that transfers of personal data to another country could take place where the Secretary of State has made regulations finding that the country in question provide an adequate level of protection for personal data, allowing the free flow of personal data to this country.
	In place of Article 45 and sections 17A and 17B of the DPA 2018, which are omitted by paragraphs 12 and 13 of Schedule 9, paragraphs 4 and 5 of Schedule 7 insert new Articles 45A, Article 45B and Article 45C. Previously the provisions relating to adequacy regulations were found partly in the DPA 2018, and partly in Chapter 5 of the UK GDPR. The effect of the provisions in Schedule 7 and Schedule 9 are that all provisions relating to the approval of transfers to other countries or international organisations are now contained in Chapter 5 of the UK GDPR.
Schedules Schedule 7: Transfers of personal data to third countries etc: general processing