Statutory Instruments
2026 No. 470
EDUCATION
The Erasmus+ Programme (Data Processing) Regulations 2026
Made
28th April 2026
Laid before Parliament
30th April 2026
Coming into force
1st June 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 31(1) and (2) of, and paragraph 27 of Schedule 5 to, the European Union (Future Relationship) Act 2020(1).
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Erasmus+ Programme (Data Processing) Regulations 2026 and come into force on 1st June 2026.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Interpretation
2. In these Regulations—
“ Erasmus+ Programme ” means the European Union programme which the United Kingdom shall participate in and contribute to under Article 1(1a) of Protocol I to the Trade and Cooperation Agreement( 2 );
“ Erasmus+ Programme Body ” means—
the Independent Audit Body,
the National Agency,
the National Authority;
“ Independent Audit Body ” means the body designated by the National Authority for the purpose of issuing an audit opinion in respect of the National Agency’s yearly management declaration as part of the Erasmus+ Programme;
“ National Agency ” means one or more bodies designated by the National Authority for the purpose of managing the implementation of the Erasmus+ Programme within the United Kingdom;
“ National Authority ” means the Secretary of State who is notified to the European Commission as being the person in charge of monitoring and supervising the management of the Erasmus+ Programme within the United Kingdom;
“ Personal data ” has the meaning given by section 3(2) of the Data Protection Act 2018 ( 3 );
“ Processing ” has the meaning given by section 3(4) of the Data Protection Act 2018 ;
“ Relevant person ” means—
the Secretary of State,
a devolved authority(4),
the National Agency,
the Independent Audit Body;
“ Specified functions ” means the National Agency’s functions in respect of the Erasmus+ Programme in relation to—
communication, information and promotion activities to promote the Erasmus+ Programme, and providing support with the process of applying for funding, to all potential beneficiaries,
customer relationship management,
management of enquiries and applications for funding,
awarding grants to beneficiaries,
managing grants awarded.
Data processing for the purposes of enabling or facilitating the performance of the functions of an Erasmus+ Programme Body
3.—(1) Subject to paragraphs (2) to (5) an Erasmus+ Programme Body may undertake such processing of personal data as is necessary for the purposes of enabling or facilitating the performance of the functions which that body, or another Erasmus+ Programme Body, is required to undertake by the Erasmus+ Programme.
(2) An Erasmus+ Programme Body may disclose personal data to a person undertaking functions in respect of the Erasmus+ Programme including—
(a)another Erasmus+ Programme Body,
(b)the European Commission,
(c)the Court of Auditors of the European Union,
(d)the European Public Prosecutor’s Office.
(3) The National Authority may disclose personal data to any person where necessary for the purposes of enabling or facilitating it to monitor and supervise the management of the Erasmus+ Programme in the United Kingdom.
(4) The National Agency may disclose personal data to any person where necessary for the purposes of enabling or facilitating it to perform its function of managing the implementation of the Erasmus+ Programme in the United Kingdom, or to perform that person’s functions in respect of the Erasmus+ Programme.
(5) The Independent Audit Body may disclose personal data to any person where necessary for the purposes of enabling or facilitating the production and issuing of an audit opinion in respect of the National Agency’s yearly management declaration as part of the Erasmus+ Programme, including provision of information in support of that audit opinion.
Data processing for the purposes of statistical analysis, research and support
4.—(1) Subject to paragraph (2) a relevant person may undertake such processing of personal data as is necessary for the purposes of enabling or facilitating—
(a)the Secretary of State to—
(i)undertake statistical analysis and research—
(aa)in relation to the impact of the United Kingdom’s participation in the Erasmus+ Programme,
(bb)to support and monitor continuous improvement in the performance of the National Agency’s functions;
(ii)provide support to the National Agency in exercising its specified functions;
(b)the Scottish Ministers to—
(i)undertake statistical analysis and research in relation to—
(aa)the impact of the United Kingdom’s participation in the Erasmus+ Programme in or as regards Scotland,
(bb)monitoring the performance of the National Agency in or as regards Scotland;
(ii)provide support to the National Agency in exercising its specified functions in relation to a person in Scotland;
(c)the Welsh Ministers to—
(i)undertake statistical analysis and research in relation to—
(aa)the impact of the United Kingdom’s participation in the Erasmus+ Programme in or as regards Wales,
(bb)monitoring the performance of the National Agency in or as regards Wales;
(ii)provide support to the National Agency in exercising its specified functions in relation to a person in Wales;
(d)a Northern Ireland Department to—
(i)undertake statistical analysis and research in relation to—
(aa)the impact of the United Kingdom’s participation in the Erasmus+ Programme in or as regards Northern Ireland,
(bb)monitoring the performance of the National Agency in or as regards Northern Ireland;
(ii)provide support to the National Agency in exercising its specified functions in relation to a person in Northern Ireland.
(2) A relevant person may disclose personal data to another relevant person where necessary for the purposes of enabling or facilitating the performance of a function of the Secretary of State or a devolved authority under paragraph (1).
Disclosure of personal data
5. Nothing in this instrument affects any power to disclose personal data that exists apart from this instrument.
Sunset and saving
6.—(1) Subject to paragraph (2), these Regulations cease to have effect on 31st December 2027.
(2) These Regulations continue to have effect after 31st December 2027 so far as is necessary for the purposes of—
(a)an Erasmus+ Programme Body processing such personal data as is necessary to fulfil its duties, or enable or facilitate another Erasmus+ Programme Body to fulfil its duties, under the Erasmus+ Programme in respect of activities which were commenced prior to 31st December 2027;
(b)a relevant person processing such personal data as is necessary to complete any statistical analysis and research or to provide any support to the National Agency in exercising its specified functions, in respect of activities which were commenced prior to 31st December 2027.
Smith of Malvern
Minister of State
Department for Education
28th April 2026
2020 c. 29. See section 37(1) of the European Union (Future Relationship) Act 2020 for the definition of “relevant national authority”.
See section 37(1) of the European Union (Future Relationship) Act 2020 for the definition of “the Trade and Cooperation Agreement”. The Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Agency, of the other part, done at Brussels and London on 30 December 2020, published on 30 April 2021, TS No.8/2021, ISBN 978-1-5286-2546-3, is available at https://www.gov.uk/government/publications/ukeu-and-eaec-trade-and-cooperation-agreement-ts-no82021. Decision No 1/2023 of the Specialised Committee on Participation in Union Programmes established by article 8(1)(s) of the Trade and Cooperation Agreement of 4 December 2023 adopting Protocols I and II and amending Annex 47 to the TCA can be found at https://assets.publishing.service.gov.uk/media/65a6646e96a5ec00137319f1/TS_5.2024_Decision_No1_Specialised_Committee_Participation_Union_Programmes_adopting_Protocol_I_and_II_amend_Annex_47_UK_EU_Trade_Cooperation_Agreement.pdf. Decision No 1/26 of the Specialised Committee on Participation in Union Programmes established by article 8(1)(s) of the Trade and Cooperation Agreement of 15 April 2026 amending Protocol I to the Trade and Cooperation Agreement can be found at https://www.gov.uk/government/publications/decision-no-12026-of-the-specialised-committee-on-participation-in-union-programmes-under-the-trade-and-cooperation-agreement-amending-protocol-i-of-t. Copies can be inspected (on reasonable notice) free of charge by contacting the Treaty Enquiries Service: 44 (0)20 7008 1109.
See section 37(1) of the European Union (Future Relationship) Act 2020 for the definition of devolved authority.