Law / United Kingdom

UK GDPR Articles 44A-50, Cross-Border Transfer of Personal Data from the United Kingdom

UK GDPR, Arts. 44A-50, as amended by the Data (Use and Access) Act 2025

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In force since 25 May 2018, effective 5 February 2026.

A cross border transfer rule binding public and private bodies.

As of 24 August 2026.

What it requires

  • Before moving personal data of a person in the United Kingdom outside the UK, either rely on a UK adequacy regulation, put appropriate safeguards in place such as the ICO's International Data Transfer Agreement or Addendum, or rely on a narrow Article 49 derogation, under UK General Data Protection Regulation (GDPR) Article 44A.

If you get it wrong

Criminal exposureNo

Private right of actionYes

Penalty structure

UK GDPR Art. 83(5)(c) puts an infringement of the transfer restrictions in Articles 44A to 49 under the higher maximum amount: the higher of £17,500,000 or 4% of worldwide annual turnover (DPA 2018 s.157(5)).

Rule
Higher of
As of
2 September 2026
Currency
GBP
Fixed cap
17,500,000
Turnover percentage cap
4

Who enforces it

Enforcement body

Information Commissioner's Office (ICO), the UK's single supervisory authority for data protection and PECR, exercising the Article 57 tasks and Article 58 powers conferred on the Commissioner by Data Protection Act 2018 s.115.

Enforcement record

Hand count from the ICO's own enforcement action register (Type facet Monetary penalties plus Enforcement notices), read across the register's first two pages (50 of 222 total listed actions of every type), which cover 7 August 2026 back to 24 April 2025, past the twelve-month cutoff. In the twelve months ending 7 August 2026 (the register's most recent entry), the ICO published 18 monetary penalty notices and 14 enforcement notices, for a combined actions_per_year of 32. Reprimands and prosecutions are excluded. Where the register lists a monetary penalty notice and an enforcement notice against the same underlying matter as two separate rows (for example Elderly Aids Limited, 6 August 2026), each row counts once as its own published enforcement instrument. fines_per_year is omitted: several monetary penalty rows in the register's list view state no penalty figure in the summary text shown there (only the full decision notice states it), so a sum from the visible list would understate the true total. This is the ICO's enforcement record for the data protection and PECR regime generally, not a record specific to this instrument's own provisions.

As of
2 September 2026
Source link
https://ico.org.uk/action-weve-taken/enforcement/
Actions per year
32

What it reaches

Obligation class

Transfer

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

The European Commission's own adequacy decisions for the UK were renewed 18 December 2025 and now run to 27 December 2031. For UK-outbound transfers, the ICO administers its own International Data Transfer Agreement (IDTA) and IDTA Addendum as the appropriate-safeguards mechanism where no UK adequacy regulation covers the destination.

The DUA Act restructured UK GDPR's transfer chapter: the original Article 44 was omitted and replaced from 5 February 2026 by a new Article 44A, which requires that a transfer either be approved by regulations, made subject to appropriate safeguards, or made in reliance on a derogation for specific situations, the same three-track adequacy, safeguards, or derogation structure as EU GDPR Chapter V, run through the UK's own instruments rather than the EU's. This is a real, structured condition on outbound transfer, not an absence of restriction.

When LexLint raises it

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Read the law

legislation.gov.uk, official consolidated text, verified directly
European Commission UK adequacy decisions

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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