Using an exception
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Due to the Data (Use and Access) Act coming into law on 19 June 2025, this guidance is under review and may be subject to change. The Plans for new and updated guidance page will tell you about which guidance will be updated and when this will happen.
Latest updates – last updated 15 January 2026
15 January 2026 – We’ve broken down the content of our previous Guide to international transfers into specific detailed guides, including this one on Using an exception. We’ve updated our interpretation of “legal claims” to reflect our position under article 9 (special category data).
About this guidance
This guidance discusses in detail the exceptions (called “derogations” in the legislation) from the rules on international transfers. It is aimed at Data Protection Officers (DPOs) and those with specific data protection responsibilities.
It provides guidance on what the exceptions are and when they apply. It sets out what you need to do to comply with the legislation.
You can go ahead with a restricted transfer if you need to send the personal information because:
- there’s an emergency situation;
- someone’s life, or their physical or mental health or wellbeing is at urgent and serious risk; and
- the person you’re transferring information about is unable to give their consent (this may be because the person is physically or legally incapable of giving consent).
This includes an urgent need for life-sustaining food, water, clothing or shelter. For more information, see What are vital interests?
In this guidance, we provide some examples to help illustrate how the legislation might apply in practice. However, we don’t address every aspect of regulatory compliance that applies to you.
You should read this guidance in conjunction with our other guidance. For broader guidance on data protection compliance, see our Guide to data protection.
If you’re processing information for law enforcement purposes, under part 3 of the Data Protection Act 2018 (DPA), please read our separate guidance on international transfers in our Guide to law enforcement processing.
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