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GLOSSARY

Third country definition

Published by a LexisNexis Information Law expert

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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Client Classification Checklist

Client Classification Checklist This checklist provides an overview of the Financial Conduct Authority’s (FCA) client classification requirements and may assist those seeking to classify clients as either retail clients, professional clients or eligible counterparties. • 1. Is the firm providing services relating to a child trust fund (CTF) (except for a personal recommendation relating to a contribution to a CTF) to the client? (COBS 3.4.2 R) If yes, the client is a Retail Client. If no, please see question 2. • 2. Is the firm providing any of the following services ('Eligible Counterparty Business') to the client? ◦ Dealing on own account, executing orders on behalf of clients or receiving and transmitting orders ◦ Carrying on any ancillary services directly related these services, or ◦ Arranging in relation to business that is not MiFID or equivalent third country business. (COBS 3.6.1(2) R) If yes, please see question 10. If no, please see question 3. • 3. Is the client an entity required to be authorised or regulated to operate in...

SM&CR Forms—Checklist

SM&CR Forms—Checklist The following checklist sets out the forms that are relevant to the Senior Managers and Certification Regime (SM&CR). Summaries of forms, their use in complying with the SM&CR, and how to submit, amend and withdraw them, are provided in the Financial Conduct Authority (FCA) Handbook, primarily in: • SUP 10C.15—Forms and other documents and how to submit them to the FCA • SUP 10C Annex 2G—Summary of forms and their use in the Senior Managers Regime Note that for credit unions, the FCA Handbook references will differ—see SUP 10C.15.10. The Prudential Regulation Authority (PRA) provides guidance on submitting, amending and withdrawing forms in the Senior Managers Regime — Applications and Notifications; Fitness and Propriety and Notifications provisions of the PRA Rulebook and on its website . The relevant chapter of the PRA Rulebook should be consulted depending on the sector. Practical guidance on reporting information on Directory Persons (for example staff holding a Certification Function under the SM&CR) to the FCA is set out...

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International data transfers—flowchart

International data transfers—flowchart This Flowchart takes you through the various legal mechanisms for transferring personal data to a country outside the UK, eg: • an adequacy decision/regulation • appropriate safeguards like standard contractual clauses (SCCs) or International Data Transfer Agreement (IDTA), or binding corporate rules (BCRs), and • a derogation Such transfers are prohibited by the data protection regime unless you have one of these mechanisms in place. The mechanisms are designed to ensure data subjects are protected when their personal data leaves the UK. The mechanisms follow a hierarchy and this Flowchart will help you determine which is most appropriate for your organisation and processing activity. This Flowchart reflects the UK General Data Protection Regulation (UK GDPR). See also Practice Note: How to manage international personal data transfers. Note 1—adequacy decision/regulation You may transfer personal data to a country that has the benefit of a UK adequacy decision. Transfers made under an adequacy decision do not need any specific authorisation from the ICO. There...

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...

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International personal data transfers from the EEA using 2004/2010 SCCs—EEA controller 1—EEA controller 2—third country controller 1—third country controller 2 [Archived]

International personal data transfers from the EEA using 2004/2010 SCCs—EEA controller 1—EEA controller 2—third country controller 1—third country controller 2 [Archived] ARCHIVED: On 7 June 2021, a decision was published in the Official Journal of the EU providing for: (a) new standard contractual clauses (SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA to be available for use from 27 June 2021; and (b) for the repeal (after a grace period) of the older 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) imposes restrictions on transfers...

Family members of EU nationals—definitions and rights of entry and residence

Family members of EU nationals—definitions and rights of entry and residence There are two classes of family members of EU nationals under Directive 2004/38/EC (the Citizens' Directive): • 'family members'—who benefit in full from the Citizens' Directive as of right, and • individuals in 'durable relationships' with an EU national and 'other family members'—Member States are required to 'facilitate…entry and residence' for these persons in accordance with their national legislation This Practice Note covers ‘family members’ (as defined under Article 2 of the Citizens’ Directive). For details of the law relating to durable partners and ‘other family members’, see Practice Note: 'Durable relationships’ and ‘other family members’ of EU nationals—definitions and rights of entry and residence. Note that throughout the term 'EU nationals' also includes nationals of the countries in the European Economic Area (EEA), which include the EU Member States as well as Norway, Iceland and Liechtenstein. Switzerland is party to the Agreement between the EU and the Confederation of Switzerland with free movement rules which are very...

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Response to data subject request—right of access—able to comply with request

Response to data subject request—right of access—able to comply with request [insert name of individual making request] [insert address of individual making request] [insert date of this response] Dear [insert name of individual making request] I am writing in response to your request dated [insert date of request], which we received on [insert date]. You have asked for [confirm precisely what was requested, eg ‘electronic copies of any personal data we hold about you’]. We have made a reasonable and proportionate search for the personal data [and other information] you requested. I confirm that we are processing personal data relating to you and a copy of the relevant information is [insert details of how personal data is being provided to the data subject, eg attached to this email, password protected. The password will follow in a separate email]. [As your request was made electronically, we are providing the information to you [insert details of format in which the information is being provided—this must be a commonly...

EU GDPR—2021 standard contractual clauses (SCCs) for the transfer of personal data to third countries—module four—processor to controller—where the processor combines with personal data collected by it in the EEA

EU GDPR—2021 standard contractual clauses (SCCs) for the transfer of personal data to third countries—module four—processor to controller—where the processor combines with personal data collected by it in the EEA STANDARD CONTRACTUAL CLAUSES SECTION I Clause 1 Purpose and scope (a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (1) for the transfer of personal data to a third country. (b) The Parties: (i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter ‘entity/ies’) transferring the personal data, as listed in Annex I.A (hereinafter each ‘data exporter’), and (ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex...

Dive into our 19 Precedents related to Third country

I act for a small company which is having trouble obtaining bank finance—would an issue of mini-bonds be a viable alternative?

I act for a small company which is having trouble obtaining bank finance—would an issue of mini-bonds be a viable alternative? IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for DCM lawyers? [Archived] BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the...

If acting for a landlord on the renewal of a lease, where there is no premium payable and the tenant's rent is going directly to the landlord, to what extent are source of funds and source of wealth investigations required?

If acting for a landlord on the renewal of a lease, where there is no premium payable and the tenant's rent is going directly to the landlord, to what extent are source of funds and source of wealth investigations required? This response is limited to requirements arising under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692. The first issue to consider is whether the matter in which you are instructed is within scope of the MLR 2017, SI 2017/692. We refer you to Practice Note: Money Laundering Regulations 2017—scope and application—law firms. At high-level, a law firm is caught by the MLR 2017, SI 2017/692, when it provides legal services to other persons participating in financial or real property transactions concerning: • buying and selling of real property or business entities • managing client money securities or other assets (this is narrower than handling them) • opening or managing bank, savings or securities accounts (this...

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Insurance & Reinsurance weekly highlights—24 July 2025

This week's edition of Insurance weekly highlights includes: National House Building Council v Peabody Trust, and Bath Racecourse Company Ltd v Liberty Mutual Insurance Europe Se; case analysis from 7 King’s Bench Walk on the Russian aircraft claims case (Aercap v AIG); UK landlords face group claim over 'hidden' insurance fees; Insurers keen on UK captive regime but fear gold-plating; PRA confirms May 2026 start for general insurance stress test; Retail insurance market: FCA publishes package of reports on cost pressures, claims handling failings and pricing reform impacts; What insurers can do to prepare for PRA 'solvent exit' rules; EIOPA consults on rules for resolution colleges and reporting requirements under IRRD; EIOPA publishes statement with findings on climate risk integration in insurers’ ORSAs; European Commission seeks views on Solvency II proposals, plus dates for your diary and key recent cases.

Immigration cases January—June 2025 review

Immigration analysis: Adam Pipe, barrister at No 8 Chambers, reviews the key cases from January 2025 to June 2025 for immigration advisers, and explains why they are of interest. The review covers case law on ‘global assessments’ in revocation of sponsor licences, employing family members in the Skilled Worker route, Skilled Workers and voluntary work, deprivation of citizenship, Article 8 ECHR, EEA and EU Settlement Scheme matters, and Upper Tribal reported decisions over the period.

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