Data Governance Atlas UK edition

Transfer risk assessments

For the controller / DPO

Since 2026-02-05 a restricted transfer under an Article 46 safeguard must pass the data protection test. What the test asks, how to document it, and how it differs from the EU approach.

NIST PF ID-PGV-P
ISO 27701 A.7.5.1A.7.5.2A.7.5.3
UK GDPR Chapter V, as amended by the DUAA 2025Art 46Art 49

A restricted transfer out of the UK needs a route: UK adequacy regulationsAdequacy regulationsRegulations by the Secretary of State allowing transfers to a country without further safeguards, often called data bridges. Since the DUAA the test is whether protection there is not materially lower than in the UK., an Article 46 safeguard such as the IDTAIDTAThe International Data Transfer Agreement: the UK's own contract for restricted transfers where no adequacy regulations apply. or the UK AddendumUK AddendumAn addendum that adapts the EU standard contractual clauses for UK transfers, so a group can use one set of clauses for both., or exceptionally an Article 49 derogation. For the Article 46 route, the safeguard alone is not enough. You must also be satisfied that the transfer meets the data protection test.

The data protection test

From 2026-02-05, as amended by the DUAA 2025, a transfer under an Article 46 safeguard is permitted only if the standard of protection for the data subject after the transfer would not be materially lower than the standard under UK law. The controllerControllerDecides why and how personal data is processed. Carries most of the duties, and most of the penalties. must act reasonably and proportionately in deciding that.

“Not materially lower” is deliberately not “essentially equivalent”, the EU test. It asks about outcomes for the person, not a line-by-line match of the foreign legal system.

What to look at

FactorThe question
The dataHow sensitive is it, and how much is there?
The importerWho are they, and what will they do with it?
Destination lawCan public authorities access it, and are there limits and remedies?
PracticeWhat happens in reality, as well as on paper?
SafeguardsEncryption, pseudonymisationPseudonymisationReplacing identifiers so data cannot be attributed to a person without separately held information. Pseudonymised data is still personal data, unlike truly anonymous data., contractual commitments, transparency reports
Onward transfersWhere can it go next, and on what terms?

Proportionality

The effort should match the risk. A routine transfer of business contact details to a supplier in a country with strong rule of law needs a short, recorded assessment. Large volumes of special category dataSpecial category dataHealth, genetic and biometric data, racial or ethnic origin, political opinions, beliefs, trade union membership, sex life and sexual orientation. Processing needs an Art 9 condition as well as a lawful basis. to a destination with broad state access powers need a detailed one, and may need supplementary measures, or no transfer at all.

Documenting it

Record the transfer, the route, the assessment and its conclusion, and review it when the law in the destination changes or the processing does. The regulator’s transfer risk assessment tool and guidance are designed for this, and are being updated for the DUAA.

When the test fails

Add supplementary measures and reassess. If no measure brings protection to a level that is not materially lower, the transfer cannot proceed on that route. An Article 49 derogation is for occasional, specific transfers only, not a fallback for a failed assessment.

Adequacy first

Check the adequacy list before doing any of this. Transfers within the scope of UK adequacy regulations need no safeguard and no data protection testData protection testThe DUAA test for international transfers: whether protection in the destination is not materially lower than in the UK. A different wording from the EU's essentially equivalent standard..

UK position

The page above works from the shared UK GDPR text. These are the points where UK law adds to it or departs from it, each tied to the commencement tracker.

United Kingdom Works differently

The UK test is "not materially lower" protection, not the EU's "essentially equivalent", from 2026-02-05.

Transfers under an Article 46 safeguard must meet the data protection test, judged reasonably and proportionately by the controller. The EU approach following Schrems II asks for essential equivalence.

UK GDPR Chapter V as amended by the DUAA 2025

Checklists and tools

Explainers

Where this connects

Sources

Updated