(4) After subsection (1) insert—
“ (1A) This subsection applies if—
(a) the transfer is necessary for the prevention of an immediate and serious threat to the public security or national security of a third country or the United Kingdom, and
(b) authorisation from the UK authoriser cannot be obtained in good time. ”
(5) In subsection (2)—
(a) for “A competent authority” substitute “The UK authoriser” , and
(b) for “under subsection (1)” substitute “for the purposes of a condition described in subsection (1)” .
(6) In subsection (3), for “competent authority” substitute “UK authoriser” .
(7) In subsection (4), for “an authorisation may not be given under subsection (1)” substitute “the UK authoriser may not give an authorisation for the purposes of a condition described in subsection (1)” .
(8) In subsection (5)(a), for the words from “either” to “State” substitute “to the public security, national security or essential interests of a third country or the United Kingdom” .
(9) In subsection (6)—
(a) after “made” insert “in a case described in subsection (4)” ,
(b) for “subsection (4)” substitute “that subsection (whether made with or without authorisation from the UK authoriser), the UK authoriser must, without delay, inform” , and
(c) omit “must be informed without delay”.
(10) At the end insert—
“ (7) Where a transfer takes place in reliance on section 73(4)(aa) (transfer to processor), the transferring controller must make it a condition of the transfer that the data is only to be further transferred to a third country or international organisation where—
(a) the terms of any relevant contract entered into, or authorisation given, by the transferring controller in accordance with section 59 are complied with, and
(b) the further transfer satisfies the requirements in section 73(1). ”
I363 Sch. 8 para. 10 not in force at Royal Assent, see s. 142(1)
I364 Sch. 8 para. 10 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(z10)
Schedule 9 U.K. Transfers of personal data to third countries etc: minor and consequential amendments and transitional provision
Part 1 U.K. Minor and consequential amendments
I365 Sch. 9 para. 1 not in force at Royal Assent, see s. 142(1)
I366 Sch. 9 para. 1 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(z11)
2 U.K. In Article 13(1)(f) (information to be provided where personal data is collected from the data subject)—
(a) for “adequacy regulations under section 17A of the 2018 Act” substitute “regulations under Article 45A” , and