International transfers

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This subtopic is intended for private sector commercial organisations in the UK and reflects the UK GDPR. It sets out the legal and practical challenges organisations face when transferring data outside the UK and suggests some risk management measures you may wish to adopt.

STOP PRESS: This Overview is being updated to reflect revised ICO guidance on international transfers. In particular, the transfer risk assessment (TRA) test has been changed from ‘sufficiently similar’ to ‘not materially lower’ in anticipation of an amendment to the UK GDPR. This means that when conducting a TRA, you must be satisfied the standard of protection for personal data in the relevant third country is ‘not materially lower’ than that provided under the UK’s data protection regime. For more guidance on the forthcoming amendment to the UK GDPR, see Practice Note: Data (Use and Access) Act 2025—compliance implications — International transfers.

The data protection regime on international transfers

All transfers of personal data are subject to the general requirements of Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR), eg you must:

  1. •

    have a lawful ground for

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