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Version date: 31 December 2020
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Article 45 Transfers on the basis of an adequacy decision

1. A transfer of personal data to a third country or an international organisation may take place where it is based on adequacy regulations (see section 17A of the 2018 Act). Such a transfer shall not require any specific authorisation.

2. When assessing the adequacy of the level of protection for the purposes of sections 17A and 17B [Section 17B is inserted into the 2018 Act by these Regulations (see Sch. 2, para. 23).] of the 2018 Act, the Secretary of State shall, in particular, take account of the following elements:

(a) the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international

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