The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

• Citation: S.I. 2019/419
• Sections: 305

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019.

(2) Subject to paragraph (3), they come into force on exit day.

(3) Regulations 7 and 8 and Schedule 4 come into force on 29th March 2019.

(4) An amendment, repeal or revocation made by these Regulations has the same extent in the United Kingdom as the provision to which it relates.

Section 2 Interpretation

In these Regulations—

“ the 2018 Act ” means the Data Protection Act 2018;

“ the UK GDPR ” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018.

Section 3 Amendment of the UK GDPR

Schedule 1 amends the UK GDPR.

Section 4 Amendment of the Data Protection Act 2018

Schedule 2 amends the 2018 Act.

Section 5 GDPR merger modifications

(1) Schedules 1 and 2 include modifications (“the GDPR merger modifications”) that merge the provisions relating to the processing of personal data that, immediately before IP completion day , are found in the EU GDPR and the applied GDPR, read with the 2018 Act.

(2) Assimilated case law falling within paragraph (3) is not, by virtue of the GDPR merger modifications, to be treated as relevant to the UK GDPR or the 2018 Act as they apply to applied GDPR processing on and after IP completion day .

(3) Assimilated case law falls within this paragraph so far as it is, or is derived from, principles or decisions that are not relevant to any of the following immediately before IP completion day —

(a) the applied GDPR,

(b) the applied Chapter 2, or

(c) Parts 5 to 7 of the 2018 Act so far as they apply to applied GDPR processing,

having regard (among other things) to the limits of EU competence immediately before IP completion day .

(4) In this regulation—

“ the applied Chapter 2 ” means Chapter 2 of Part 2 of the 2018 Act as applied by Chapter 3 of that Part immediately before IP completion day (see section 22 of that Act);

“ the applied GDPR ” means the EU GDPR as applied by Chapter 3 of Part 2 of the 2018 Act as it has effect immediately before IP completion day (see section 22 of that Act);

“ applied GDPR processing ” means the processing of personal data to which the applied GDPR applied immediately before IP completion day (see section 21 of the 2018 Act);

“ assimilated case law ” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 6(7) of that Act);

“ the EU GDPR ” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) as it has effect in EU law immediately before IP completion day .

...

Section 6 Consequential amendments of other legislation

In Schedule 3—

(a) Part 1 revokes certain retained EU law;

(b) Part 2 contains amendments of primary legislation (as defined in section 211(7) of the 2018 Act) that are consequential on Schedules 1 and 2;

(c) Part 3 contains amendments of other legislation that are consequential on those Schedules;

(d) Part 4 contains modifications of legislation that are consequential on those Schedules;

(e) Part 5 contains supplementary provision.

Section 7 Amendments consequential on provisions of the 2018 Act

Schedule 4 contains amendments consequential on provisions of the 2018 Act.

Section 8 Amendment of the Privacy and Electronic Communications Regulations 2003

(1) Regulation 2 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 is amended as follows.

(2) In paragraph (1), at the appropriate place, insert—

“consent” by a user or subscriber corresponds to the data subject's consent in the GDPR (as defined in section 3(10) of the Data Protection Act 2018);

(3) Omit paragraph (3).

Section 1 Introduction

The UK GDPR is amended as follows.

Section 2 Introduction

In the title of the Regulation, for “, and repealing Directive 95/46/EC (General Data Protection Regulation)” substitute “(United Kingdom General Data Protection Regulation)”.

Section 3 Chapter 1 (general provisions)

In Article 1, omit paragraph 3.

Section 4 Chapter 1 (general provisions)

(1) Article 2 is amended as follows.

(2) For paragraph 1 substitute—

(1) This Regulation applies to the automated or structured processing of personal data, including—

(a) processing in the course of an activity which, immediately before IP completion day , fell outside the scope of EU law, and

(b) processing in the course of an activity which, immediately before IP completion day , fell within the scope of Chapter 2 of Title 5 of the Treaty on European Union (common foreign and security policy activities).

(1A) This Regulation also applies to the manual unstructured processing of personal data held by an FOI public authority.

(3) For paragraph 2 substitute—

(2) This Regulation does not apply to—

(a) the processing of personal data by an individual in the course of a purely personal or household activity;

(b) the processing of personal data by a competent authority for any of the law enforcement purposes (see Part 3 of the 2018 Act);

(c) the processing of personal data to which Part 4 of the 2018 Act (intelligence services processing) applies.

(4) Omit paragraph 3.

(5) In paragraph 4, for “Directive 2000/31/EC ” to the end substitute “the Electronic Commerce (EC Directive) Regulations 2002 , in particular the provisions about mere conduits, caching and hosting (see regulations 17 to 19 of those Regulations).”.

(6) After paragraph 4 insert—

(5) In this Article—

(a) ‘the automated or structured processing of personal data’ means—

(i) the processing of personal data wholly or partly by automated means, and

(ii) the processing otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system;

(b) ‘the manual unstructured processing of personal data’ means the processing of personal data which is not the automated or structured processing of personal data;

(c) ‘FOI public authority’ has the same meaning as in Chapter 3 of Part 2 of the 2018 Act (see section 21(5) of that Act);

(d) references to personal data ‘held’ by an FOI public authority are to be interpreted in accordance with section 21(6) and (7) of the 2018 Act;

(e) ‘competent authority’ and ‘law enforcement purposes’ have the same meaning as in Part 3 of the 2018 Act (see sections 30 and 31 of that Act).

Section 5

(1) Article 3 is amended as follows.

(2) In paragraph 1, for “the Union” (in both places) substitute “ the United Kingdom ” .

(3) In paragraph 2—

(a) before “processing” (in the first place) insert “ relevant ” ;

(b) for “the Union” (in each place) substitute “ the United Kingdom ” .

(4) After paragraph 2 insert—

(2A) In paragraph 2, “ relevant processing of personal data ” means processing to which this Regulation applies, other than processing described in Article 2(1)(a) or (b) or (1A).

(5) In paragraph 3—

(a) for “the Union” substitute “ the United Kingdom ” ;

(b) for “Member State law” substitute “ domestic law ” .

Section 6

(1) Article 4 is amended as follows.

(2) Before paragraph (1) insert—

(A1) ‘the 2018 Act’ means the Data Protection Act 2018;

(A2) ‘domestic law’ means the law of the United Kingdom or of a part of the United Kingdom;

(A3) ‘the Commissioner’ means the Information Commissioner (see section 114 of the 2018 Act);

(3) In paragraph (7), for “; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law” substitute “ (but see section 6 of the 2018 Act) ” .

(4) In paragraph (9), for “Union or Member State law” substitute “ domestic law ” .

(5) After paragraph (10) insert—

(10A) ‘public authority’ and ‘public body’ are to be interpreted in accordance with section 7 of the 2018 Act and provision made under that section;

(6) Omit paragraph (16).

(7) In paragraph (17), for “the Union” substitute “ the United Kingdom ” .

(8) In paragraph (20), for “on the territory of a Member State” substitute “ in the United Kingdom ” .

(9) Omit paragraph (21).

(10) After paragraph (21) insert—

(21A) ‘foreign designated authority’ means an authority designated for the purposes of Article 13 of the Data Protection Convention (as defined in section 3 of the 2018 Act) by a party, other than the United Kingdom, which is bound by that Convention;

(11) Omit paragraphs (22), (23) and (24).

(12) In paragraph (25), at the end insert “as it has effect immediately before IP completion day ” .

(13) After paragraph (26) insert—

(27) ‘third country’ means a country or territory outside the United Kingdom;

(28) references to a fundamental right or fundamental freedom (however expressed) are to a fundamental right or fundamental freedom which continues to form part of domestic law on and after IP completion day by virtue of section 4 of the European Union (Withdrawal) Act 2018, as the right or freedom is amended or otherwise modified by domestic law from time to time on or after IP completion day .

Section 7 Chapter 2 (principles)

(1) Article 6 is amended as follows.

(2) Omit paragraph 2.

(3) In paragraph 3—

(a) in the first subparagraph, for points (a) and (b) (and the colon before them) substitute “ domestic law ” ;

(b) in the second subparagraph, for “The Union or Member State law” substitute “ The domestic law ” .

(4) In paragraph 4—

(a) for “a Union or Member State law” substitute “ domestic law ” ;

(b) after “safeguard” insert “ national security, defence or any of ” .

Section 8 Chapter 2 (principles)

(1) Article 8 is amended as follows.

(2) In paragraph 1—

(a) for “16 years old” substitute “ 13 years old ” ;

(b) for “of 16 years” substitute “ of 13 years ” ;

(c) omit the second subparagraph.

(3) In paragraph 3, for “of Member States” substitute “ as it operates in domestic law ” .

(4) After paragraph 3 insert—

(4) In paragraph 1, the reference to information society services does not include preventive or counselling services.

Section 9

(1) Article 9 is amended as follows.

(2) In paragraph 2(a), for “Union or Member State law provide” substitute “ domestic law provides ” .

(3) In paragraph 2(b)—

(a) for “Union or Member State law” substitute “ domestic law ” ;

(b) for “to Member State law” substitute “ to domestic law ” .

(4) In paragraph 2(g), for “Union or Member State law” substitute “ domestic law ” .

(5) In paragraph 2(h), for “Union or Member State law” substitute “ domestic law ” .

(6) In paragraph 2(i), for “Union or Member State law” substitute “ domestic law ” .

(7) paragraph 2(j)—

(a) after “Article 89(1)” insert “ (as supplemented by section 19 of the 2018 Act) ” ;

(b) for “Union or Member State law” substitute “ domestic law ” .

(8) In paragraph 3, for “Union or Member State law” (in both places) substitute “ domestic law ” .

(9) After that paragraph insert—

(3A) In paragraph 3, ‘national competent bodies’ means competent bodies of the United Kingdom or a part of the United Kingdom.

(10) Omit paragraph 4.

(11) After that paragraph insert—

(5) In the 2018 Act—

(a) section 10 makes provision about when the requirement in paragraph 2(b), (g), (h), (i) or (j) of this Article for authorisation by, or a basis in, domestic law is met;

(b) section 11(1) makes provision about when the processing of personal data is carried out in circumstances described in paragraph 3 of this Article.

Section 10

(1) Article 10 is amended as follows.

(2) The existing text becomes paragraph 1.

(3) In that paragraph, for “Union or Member State law” substitute “ domestic law ” .

(4) After that paragraph insert—

(2) In the 2018 Act—

(a) section 10 makes provision about when the requirement in paragraph 1 of this Article for authorisation by domestic law is met;

(b) section 11(2) makes provision about the meaning of “personal data relating to criminal convictions and offences or related security measures”.

Section 11 Chapter 3 (rights of the data subject)

(1) Article 12 is amended as follows.

(2) In paragraph 4, for “a supervisory authority” substitute “ the Commissioner ” .

(3) After paragraph 6 insert—

(6A) The Commissioner may publish (and amend or withdraw)—

(a) standardised icons for use in combination with information provided to data subjects under Articles 13 and 14;

(b) a notice stating that other persons may publish (and amend or withdraw) such icons, provided that the icons satisfy requirements specified in the notice as to the information to be presented by the icons and the procedures for providing the icons.

(6B) The Commissioner must not publish icons or a notice under paragraph 6A unless satisfied (as appropriate) that the icons give a meaningful overview of the intended processing in an easily visible, intelligible and clearly legible manner or that the notice will result in icons that do so.

(4) In paragraph 7—

(a) for “The information” substitute “ If standardised icons are published as described in paragraph 6A (and not withdrawn), the information ” ;

(b) for “standardised” to “processing” substitute “ the icons ” .

(5) Omit paragraph 8.

Section 12 Chapter 3 (rights of the data subject)

(1) Article 13 is amended as follows.

(2) In paragraph 1(f), for “an adequacy decision by the Commission” substitute “ relevant adequacy regulations under section 17A of the 2018 Act ” .

(3) In paragraph 2(d), for “a supervisory authority” substitute “ the Commissioner ” .

Section 13

(1) Article 14 is amended as follows.

(2) In paragraph 1(f), for “an adequacy decision by the Commission” substitute “ relevant adequacy regulations under section 17A of the 2018 Act ” .

(3) In paragraph 2(e), for “a supervisory authority” substitute “ the Commissioner ” .

(4) In paragraph 5(c), for “Union or Member State law to which the controller is subject and” substitute “ a provision of domestic law ” .

(5) In paragraph 5(d), for “Union or Member State law” substitute “ domestic law ” .

Section 14

In Article 15(1)(f), for “a supervisory authority” substitute “ the Commissioner ” .

Section 15

(1) Article 17 is amended as follows.

(2) In paragraph 1(e), for “in Union or Member State law to which the controller is subject” substitute “ under domestic law ” .

(3) In paragraph 3(b), for “by Union or Member State law to which the controller is subject” substitute “ under domestic law ” .

Section 16

In Article 18(2), omit “of the Union or of a Member State”.

Section 17

In Article 21(5)—

(a) omit “and notwithstanding Directive 2002/58/EC ,”;

(b) at the end insert “ , notwithstanding domestic law made before IP completion day implementing Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector ” .

Section 18

(1) Article 22 is amended as follows.

(2) In paragraph 2(b), for “authorised by Union or Member State law to which the controller is subject and” substitute “ required or authorised by domestic law ” .

(3) After paragraph 3 insert—

(3A) Section 14 of the 2018 Act, and regulations under that section, make provision to safeguard data subjects' rights, freedoms and legitimate interests in cases that fall within point (b) of paragraph 2 (but not within point (a) or (c) of that paragraph).

Section 19

(1) Article 23 is amended as follows.

(2) In paragraph 1—

(a) for “Union or Member State law to which the data controller or processor is subject may restrict by way of legislative measure” substitute “ The Secretary of State may restrict ” ;

(b) omit points (a) and (b);

(c) in point (e)—

(i) omit “of the Union or of a Member State” in the first place it occurs;

(ii) for “of the Union or of a Member State”, in the second place it occurs, substitute “ of the United Kingdom ” .

(3) In paragraph 2, for “any legislative measure referred to in” substitute “ provision made in exercise of the power under ” .

(4) After that paragraph insert—

(3) The Secretary of State may exercise the power under paragraph 1 only by making regulations under section 16 of the 2018 Act.

Section 20 Chapter 4 (controller and processor)

In Article 26(1), for “Union or Member State law to which the controllers are subject” substitute “ domestic law ” .

Section 21 Chapter 4 (controller and processor)

(1) Article 27 is amended as follows.

(2) In the heading, for “the Union” substitute “the United Kingdom.

(3) In paragraph 1, for “the Union” substitute “the United Kingdom.

(4) Omit paragraph 3.

(5) In paragraph 4, for “supervisory authorities” substitute “ the Commissioner ” .

Section 22

(1) Article 28 is amended as follows.

(2) In paragraph 3—

(a) in the opening words, for “Union or Member State law” substitute “ domestic law ” ;

(b) in point (a), for “Union or Member State law to which the processor is subject” substitute “ domestic law ” ;

(c) in point (g), for “Union or Member State law” substitute “ domestic law ” ;

(d) in the second subparagraph, for “other Union or Member State data protection provisions” substitute “ other domestic law relating to data protection ” .

(3) In paragraph 4, “for Union or Member State law” substitute “ domestic law ” .

(4) In paragraph 6, for “paragraphs 7 and 8” substitute “ paragraph 8 ” .

(5) Omit paragraph 7.

(6) In paragraph 8—

(a) for “A supervisory authority” substitute “ The Commissioner ” ;

(b) omit “and in accordance with the consistency mechanism referred to in Article 63”.

Section 23

In Article 29, for “Union or Member State law” substitute “ domestic law ” .

Section 24

(1) Article 30 is amended as follows.

(2) In paragraph 1(g), after “Article 32(1)” insert “ or, as appropriate, the security measures referred to in section 28(3) of the 2018 Act ” .

(3) In paragraph 2(d), after “Article 32(1)” insert “ or, as appropriate, the security measures referred to in section 28(3) of the 2018 Act ” .

(4) In paragraph 4, for “the supervisory authority” substitute “ the Commissioner ” .

Section 25

(1) Article 31 is amended as follows.

(2) In the heading, for “the supervisory authority” substitute “ the Commissioner ” .

(3) For “the supervisory authority in the performance of its tasks” substitute “ the Commissioner in the performance of the Commissioner's tasks ” .

Section 26

In Article 32(4), for “Union or Member State law” substitute “ domestic law ” .

Section 27

(1) Article 33 is amended as follows.

(2) In the heading, for “the supervisory authority” substitute “ the Commissioner ” .

(3) In paragraph 1—

(a) for “the supervisory authority competent in accordance with Article 55” substitute “ the Commissioner ” ;

(b) for “the notification to the supervisory authority” substitute “ the notification under this paragraph ” .

(4) In paragraph 5, for “the supervisory authority” substitute “ the Commissioner ” .

Section 28

In Article 34(4), for “the supervisory authority” substitute “ the Commissioner ” .

Section 29

(1) Article 35 is amended as follows.

(2) In paragraph 4—

(a) in the first sentence, for “The supervisory authority” substitute “ The Commissioner ” ;

(b) omit the second sentence.

(3) In paragraph 5—

(a) in the first sentence, for “The supervisory authority” substitute “ The Commissioner ” ;

(b) omit the second sentence.

(4) Omit paragraph 6.

(5) For paragraph 10 substitute—

(10) In the case of processing pursuant to point (c) or (e) of Article 6(1), paragraphs 1 to 7 of this Article do not apply if a data protection impact assessment has already been carried out for the processing as part of a general impact assessment required by domestic law, unless domestic law provides otherwise.

Section 30

(1) Article 36 is amended as follows.

(2) In paragraph 1, for “the supervisory authority” substitute “ the Commissioner ” .

(3) In paragraph 2—

(a) in the first sentence, for “the supervisory authority” (in both places) substitute “ the Commissioner ” ;

(b) in the third sentence, for “The supervisory authority” substitute “ The Commissioner ” ;

(c) in the last sentence, for “the supervisory authority has obtained information it” substitute “ the Commissioner has obtained information the Commissioner ” .

(4) In paragraph 3—

(a) in the opening words, for “the supervisory authority” (in both places) substitute “ the Commissioner ” ;

(b) in point (f), for “the supervisory authority” substitute “ the Commissioner ” .

(5) In paragraph 4—

(a) for “Members States shall consult the supervisory authority” substitute “ The relevant authority must consult the Commissioner ” ;

(b) for “a national parliament” substitute “ Parliament, the National Assembly for Wales, the Scottish Parliament or the Northern Ireland Assembly ” .

(6) After that paragraph insert—

(4A) In paragraph 4, “ the relevant authority ” means—

(a) in relation to a legislative measure adopted by Parliament, or a regulatory measure based on such a legislative measure, the Secretary of State;

(b) in relation to a legislative measure adopted by the National Assembly for Wales, or a regulatory measure based on such a legislative measure, the Welsh Ministers;

(c) in relation to a legislative measure adopted by the Scottish Parliament, or a regulatory measure based on such a legislative measure, the Scottish Ministers;

(d) in relation to a legislative measure adopted by the Northern Ireland Assembly, or a regulatory measure based on such a legislative measure, the relevant Northern Ireland department.

(7) Omit paragraph 5.

Section 31

(1) Article 37 is amended as follows.

(2) In paragraph 4, omit “or, where required by Union or Member State law shall,”.

(3) In paragraph 7, for “the supervisory authority” substitute “ the Commissioner ” .

Section 32

In Article 38(5), for “Union or Member State law” substitute “ domestic law ” .

Section 33

(1) Article 39 is amended as follows.

(2) In paragraph 1(a) and (b), for “other Union or Member State data protection provisions” substitute “ other domestic law relating to data protection ” .

(3) In paragraph 1(d) and (e), for “the supervisory authority” substitute “ the Commissioner ” .

Section 34

(1) Article 40 is amended as follows.

(2) In paragraph 1, for “The Member States, the supervisory authorities, the Board and the Commission” substitute “ The Commissioner ” .

(3) In paragraph 2(i), for “supervisory authorities” substitute “ the Commissioner ” .

(4) In paragraph 3, omit “and having general validity pursuant to paragraph 9 of this Article”.

(5) In paragraph 4, for “supervisory authorities competent pursuant to Article 55 or 56” substitute “ the Commissioner ” .

(6) In paragraph 5—

(a) for “the supervisory authority which is competent pursuant to Article 55. The supervisory authority” substitute “ the Commissioner, who ” ;

(b) for “it finds” substitute “ the Commissioner finds ” .

(7) In paragraph 6, for “and where the code of conduct concerned does not relate to processing activities in several Member States, the supervisory authority” substitute “ the Commissioner ” .

(8) Omit paragraphs 7, 8, 9, 10 and 11.

Section 35

(1) Article 41 is amended as follows.

(2) In paragraph 1, for “the competent supervisory authority” (in both places) substitute “ the Commissioner ” .

(3) In paragraph 2(a) and (d), for “the competent supervisory authority” substitute “ the Commissioner ” .

(4) Omit paragraph 3.

(5) In paragraph 4, for “the competent supervisory authority” (in both places) substitute “ the Commissioner ” .

(6) In paragraph 5, for “The competent supervisory authority” substitute “ The Commissioner ” .

Section 36

(1) Article 42 is amended as follows.

(2) In paragraph 1—

(a) for “The Member States, the supervisory authorities, the Board and the Commission” substitute “ The Commissioner ” ;

(b) omit “, in particular at Union level,”.

(3) In paragraph 4, for “the supervisory authorities which are competent pursuant to Article 55 or 56” substitute “ the Commissioner ” .

(4) In paragraph 5—

(a) for “the competent supervisory authority” substitute “ the Commissioner ” ;

(b) for “that competent supervisory authority” substitute “ the Commissioner ” ;

(c) omit “or by the Board pursuant to Article 63” and the second sentence.

(5) In paragraph 6, for “the competent supervisory authority” substitute “ the Commissioner ” .

(6) In paragraph 7, for “the competent supervisory authority” substitute “ the Commissioner ” .

(7) In paragraph 8, for “The Board” substitute “ The Commissioner ” .

Section 37

(1) Article 43 is amended as follows.

(2) In paragraph 1—

(a) in the opening words—

(i) for “the competent supervisory authority” substitute “ the Commissioner ” ;

(ii) for “the supervisory authority” substitute “ the Commissioner ” ;

(iii) for “Members States shall ensure that those certification bodies are” substitute “ In accordance with section 17 of the 2018 Act, those certification bodies may only be ” ;

(b) for point (a) substitute—

(a) the Commissioner;

(c) in point (b)—

(i) for “the national accreditation body” substitute “ the UK national accreditation body ” ;

(ii) for “the supervisory authority which is competent pursuant to Article 55 or 56” substitute “ the Commissioner ” .

(3) In paragraph 2—

(a) in point (a), for “the competent supervisory authority” substitute “ the Commissioner ” ;

(b) in point (b), for “the supervisory authority” to the end substitute “ the Commissioner ” ;

(c) in point (e), for “the competent supervisory authority” substitute “ the Commissioner ” .

(4) In paragraph 3, for “the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63” substitute “ the Commissioner ” .

(5) In paragraph 5, for “the competent supervisory authorities” substitute “ the Commissioner ” .

(6) In paragraph 6—

(a) for “the supervisory authority” substitute “ the Commissioner ” ;

(b) omit from “The supervisory authorities” to the end.

(7) In paragraph 7, for “the competent supervisory authority or the national accreditation body” substitute “ the Commissioner or the UK national accreditation body ” .

(8) Omit paragraphs 8 and 9.

Section 38 Chapter 5 (transfers of personal data to third countries or international organisations)

(1) Article 45 is amended as follows.

(2) In paragraph 1, for “where the Commission” to the end of the first sentence substitute “ where it is based on adequacy regulations (see section 17A of the 2018 Act) ” .

(3) In paragraph 2—

(a) for “, the Commission” substitute “ for the purposes of sections 17A and 17B of the 2018 Act, the Secretary of State ” ;

(b) in point (b), for “the supervisory authorities of the Member States” substitute “ the Commissioner ” .

(4) Omit paragraphs 3, 4, 5 and 6.

(5) In paragraph 7, for “A decision pursuant to paragraph 5 of this Article” substitute “ The amendment or revocation of regulations under section 17A of the 2018 Act ” .

(6) Omit paragraphs 8 and 9.

Section 39 Chapter 5 (transfers of personal data to third countries or international organisations)

(1) Article 46 is amended as follows.

(2) In paragraph 1, for “a decision pursuant to Article 45(3)” substitute “ adequacy regulations under section 17A of the 2018 Act ” .

(3) In paragraph 2—

(a) for “a supervisory authority” substitute “ the Commissioner ” ;

(b) for paragraph (c) substitute—

(c) standard data protection clauses specified in regulations made by the Secretary of State under section 17C of the 2018 Act and for the time being in force;

(c) for paragraph (d) substitute—

(d) standard data protection clauses specified in a document issued (and not withdrawn) by the Commissioner under section 119A of the 2018 Act and for the time being in force;

(4) In paragraph 3, for “Subject to the authorisation from the competent supervisory authority” substitute “ With authorisation from the Commissioner ” .

(5) Omit paragraphs 4 and 5.

Section 40

(1) Article 47 is amended as follows.

(2) In paragraph 1—

(a) for “The competent supervisory authority” substitute “ The Commissioner ” ;

(b) omit “in accordance with the consistency mechanism set out in Article 63”.

(3) In paragraph 2(e), for “the competent supervisory authority and before the competent courts of the Member States in accordance with Article 79” substitute “ the Commissioner and before a court in accordance with Article 79 (see section 180 of the 2018 Act) ” .

(4) In paragraph 2(f)—

(a) for “established on the territory of a Member State” substitute “ established in the United Kingdom ” ;

(b) for “not established in the Union” substitute “ not established in the United Kingdom ” .

(5) In paragraph 2(j), for “the competent supervisory authority” substitute “ the Commissioner ” .

(6) In paragraph 2(k), for “the supervisory authority” substitute “ the Commissioner ” .

(7) In paragraph 2(l), for “the supervisory authority” (in both places) substitute “ the Commissioner ” .

(8) In paragraph 2(m), for “the competent supervisory authority” substitute “ the Commissioner ” .

(9) Omit paragraph 3.

Section 41

Omit Article 48.

Section 42

(1) Article 49 is amended as follows.

(2) In paragraph 1—

(a) in the opening words, for “an adequacy decision pursuant to Article 45(3)” substitute “ adequacy regulations under section 17A of the 2018 Act ” ;

(b) in point (g), for “Union or Member State law” (in both places) substitute “ domestic law ” ;

(c) in the second subparagraph, for “the supervisory authority” substitute “ the Commissioner ” .

(3) In paragraph 4, for “shall be recognised in Union law or in the law of the Member State to which the controller is subject” substitute “ must be public interest that is recognised in domestic law (whether in regulations under section 18(1) of the 2018 Act or otherwise) ” .

(4) Omit paragraph 5.

(5) After that paragraph insert—

(5A) This Article and Article 46 are subject to restrictions in regulations under section 18(2) of the 2018 Act.