The new UK approach: Making international transfers easier?

By Rachael Annear, Joseph Mason, Adam Gillert and Rhea Dennis of Freshfields.

On 23 October 2024, the UK government introduced the Data (Use and Access) Bill to Parliament (the DUAB).

One area of change is the international transfer regime, where the DUAB may make it easier for businesses to transfer personal data outside of the UK. While expected guidance from the newly structured Information Commission, and case law, will determine the full extent of these changes, this article summarises what businesses need to know now about the new approach.

Current approach to transfers under the UK GDPR

Controllers can currently transfer personal data outside of the UK only if:

  1. the third country is covered by a UK adequacy decision; or
  2. the transfer is covered by appropriate safeguards, such as the entry into an International Data Transfer Agreement.

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