Third country Definition

GLOSSARY

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What does Third country mean?

Third country’ is not defined under the EU GDPR, but since the EU GDPR is a text with EEA relevance and incorporated into the EEA Agreement, it means any country (or territory) outside of the EEA. ‘Third country’ is specifically defined under the UK GDPR as a country or territory outside the UK.

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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived]

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit),...

Standard contractual clauses and binding corporate rules—EU methodology—flowchart

Standard contractual clauses and binding corporate rules—EU methodology—flowchart This Flowchart reflects the methodology set out by the European Data Protection Board (EDPB) for determining whether you can make an international transfer of personal data on the basis of standard contractual clauses (SCCs) or binding corporate rules (BCRs). You can only rely on these transfer mechanisms where the protections, enforceable rights and legal remedies provided to individuals in the recipient country are essentially equivalent to those guaranteed under the General Data Protection Regulation (GDPR). The ‘essentially equivalent’ test was laid down in the case of Facebook Ireland and Schrems (Schrems II), which was decided under the EU GDPR. The Information Commissioner’s Office (ICO) has published Guidance on transfer risk assessments, which adopts the term ‘sufficiently similar’ in relation to transfers under the UK GDPR and uses a different methodology. The ICO is happy for organisations exporting data from the UK to follow either methodology. This Flowchart reflects the EU methodology, as set out in: • EDPB Guidelines on...

Money Laundering Regulations 2017—CDD quick reference guide—individuals

Money Laundering Regulations 2017—CDD quick reference guide—individuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing—CPF—the basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017—scope and application—law firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....

Discover our 909 Practice Notes on Third country

Recognising crime—red flags and warning signs for staff—law firms

Recognising crime—red flags and warning signs for staff—law firms You must remain alert to the red flags and warning signs of crime potentially taking place in our organisation. While you do not have to behave like a police officer, you must make the sort of enquiries that a reasonable person (with the same qualifications, knowledge and experience as you) would make. This awareness tool identifies typical red flags and warning signs that may indicate that our firm is involved in or is itself being used to commit crime (eg money laundering, terrorist financing, proliferation financing, sanctions offences, bribery, corruption, property or mortgage fraud or organised crime). These factors do not automatically mean that crime is taking place, but you should be aware of them and pay particular attention to matters where a number of factors are present. These red flags and warning signs would normally require further investigation. Methods for committing crime change all the time. We have set out below typical general red flags and warning...

International data transfer—data recipient questionnaire

International data transfer—data recipient questionnaire The purpose of this questionnaire is to facilitate our assessment of the level of protection applying to the data we [intend to ]transfer to your organisation. We have completed section 1. We request that you check the information in section 1 and complete sections 2 to 5. 1 Details of data transfer This section has been completed by the data exporter but should be checked by the data recipient and amended as required. Data exporter [State which organisation is the data exporter—this could be an entity within a group structure] Data recipient [Identify the data recipient] What is the status of the data recipient in relation to the proposed transfer? ☐ Controller☐ Processor What type of organisation is the data recipient? ☐ Public sector organisation☐ Private sector organisation☐ Other [provide further information] Will the recipient share the data with any other parties, eg sub-processors? ☐ Yes☐ NoIf yes, please complete a questionnaire for all parties to the transfer Where is the data being transferred to? [Insert] Data or classes...

Dive into our 35 Precedents related to Third country

Would an EEA Family Permit, if it is issued on the basis of being a durable partner to a non-visa national, but the status of the applicant changes to married before travel to the UK still be valid?

Would an EEA Family Permit, if it is issued on the basis of being a durable partner to a non-visa national, but the status of the applicant changes to married before travel to the UK still be valid? Family permits for durable partners and for spouses of EEA nationals are issued under different regulations and on a different basis. The Practice Note: 'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence [Archived] notes that third country nationals (TCNs) who fall within the category of ‘durable partners’ of EEA nationals are ‘extended family members’ under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016, SI 2016/1052) and do not have an automatic right to accompany or join their EEA national family member who has moved/is moving to another Member State. Durable partners may be issued with a family permit, but this is not automatic and is subject to the discretion of the Entry Clearance Officer (in accordance with the relevant EU...

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data? This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR). It does not address cross-border transfers of personal data by competent authorities for law enforcement purposes or by the intelligence services, and under the ‘applied GDPR’ regime, which are beyond the scope of this Q&A. Since 25 May 2018, the GDPR has been directly applicable in the UK and all other EU Member States. The GDPR regime has also been incorporated in the EEA Agreement and governs the processing of personal data across the EEA (the EU plus Iceland, Norway, and Liechtenstein). The GDPR regime permits EEA states to introduce certain national derogations. In the UK those have been implemented by the Data Protection Act 2018, see Practice Note: The Data Protection Act 2018. Chapter V of the GDPR regime imposes a restriction which prevents...

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Financial Services weekly highlights—10 October 2024

This week's edition of Financial Services weekly highlights includes: FCA Dear CEO letters set out its expectations on compliance with APP fraud reimbursement requirements; CRR: HMT sets out plans on the treatment of overseas investment exchanges; UNEP FI publishes new member guidance on climate change and sustainability; plus dates for your diary over the coming week.

Immigration weekly highlights—10 October 2024

Welcome to the 10 October 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

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