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I need to find an official source for "Data Export" legislation that applies within the UK, I have searched the .GOV websites and found various pages that refer to physical item (military and dual-use) legislation but not to Digital data. I have also found references to "Data sovereignty" and "Data Residency" but these don't appear to be UK specific.

Scenario:

Company A (UK) needs to store potentially sensitive (possibly military) data which may include communications, parts diagrams, personal data etc in an online platform that can be accessed by the sales team within the UK only.

Company B (USA) offers such a platform, but may be hosting the data in datacentres in the USA, Ireland etc.

I need to find out what UK legislation covers storage location and transmission to other countries.

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It might be an offence

Section 8 makes it an offence for a Crown servant or government contractor to fail to protect information covered by the Act.

Were you to use this service knowing that the US government has a right to inspect the data on request, you might be considered to have failed to protect it.

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  • Interesting, thank you Dale - I'll read that thoroughly Mar 9, 2023 at 8:24
  • There is also a National Security Bill that has almost finished going through Parliament, bills.parliament.uk/bills/3154, which creates some more offences for obtaining or disclosing protected information or trade secrets. Part of the motivation for the new law is to cover people who are not government contractors, but still come into contact with protected material.
    – alexg
    Mar 9, 2023 at 12:34
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To the best of my knowledge there is no UK law covering the export of data relating to things like parts diagrams. There are controls on personal data, which are based on the EU GDPR and implemented by the Data Protection Act 2018, specifically Part 3 Chapter 5.

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