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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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EU Securitisation Regulation—timeline

EU Securitisation Regulation—timeline This timeline shows key developments relating to Regulation (EU) 2017/2402 (the EU Securitisation Regulation) from January 2024 onwards. For earlier developments, see EU and UK Securitisation Regulations—timeline [Archived]. 2025 Date Source Document Description 1 April 2025 AFME The Joint Associations’ response to the ESMA consultation of February 2025 on the revision of the disclosure framework for private securitisation AFME, Commercial Real Estate Finance Council (CREFC) Europe and International Capital Market Association (ICMA) submitted a joint response to the European Securities and Markets Authority's (ESMA) consultation on revising private securitisation disclosure requirements. The joint response argues against: introducing a simplified reporting regime for EU-originated securitisations before wider reforms, citing concerns about potential changes to private securitisation definitions, continued template-based reporting requirements, and unresolved third-country reporting issues. They propose an alternative approach focusing on supervisory reporting needs while allowing more flexible investor disclosures.See: LNB News 01/04/2025 71. 31 March 2025 EBA Joint Committee Report on the implementation and functioning of the Securitisation Regulation (Article 44) The Joint Committee...

EU Solvency II—timeline

EU Solvency II—timeline This timeline shows key developments relating to the EU’s Solvency II framework (Directive 2009/138/EC). For earlier developments, see: Solvency II—timeline (2007–2023) [Archived]. 2025 Date Source Document Description 7 May 2025 OJ Commission Implementing Regulation (EU) 2025/863 of 8 May 2025 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 31 March 2025 until 29 June 2025 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance Commission Implementing Regulation (EU) 2025/863 of 8 May 2025 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 31 March 2025 until 29 June 2025 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (EU Solvency II), has been published in the Official Journal of the EU.See: LNB News 12/05/2025 13. 3 April 2025 EIOPA EIOPA consults on new rules related to group supervision, related undertakings and volatility adjustments following Solvency II ReviewConsultation on Guidelines...

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Structural considerations for Part 26A restructuring plans

Structural considerations for Part 26A restructuring plans Statutory provisions on jurisdiction and sufficient connection/discretion At the convening hearing, before an English court will consider a Part 26A restructuring plan (RP), it will ascertain whether it has jurisdiction to do so. Part 26A of the Companies Act 2006 (CA 2006) applies to companies liable to be wound up under the Insolvency Act 1986 (IA 1986) (see CA 2006, s 901A(4)(b) and Re Virgin Atlantic applying DAP Holding NV and Re PizzaExpress). ‘Companies liable to be wound up under IA 1986’ is a similar definition to that used for schemes of arrangement, and for both schemes and RPs includes unregistered companies and foreign companies. Additionally where foreign companies are involved and when considering its discretion to sanction an RP, a court will only exercise jurisdiction over a foreign company if it has a sufficient connection with this jurisdiction (see scheme case, Re Drax Holdings as applied to RPs by Snowden LJ in Re Smile Telecoms Holdings). Note this...

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017—key information for businesses

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017—key information for businesses The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 form part of the UK’s overall anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing regime, as amended. The MLR 2017 set administrative requirements which run parallel to the criminal element of the AML, CTF and counter-proliferation financing regime contained in the Proceeds of Crime Act 2002 (POCA 2002), the Terrorism Act 2000 (TA 2000) and various sanction measures. There is some overlap with this legislation. The MLR 2017 have been amended a number of times since coming into force in June 2017. This Practice Note reflects the amended MLR 2017. For more on POCA 2002, TA 2000 and counter-proliferation financing, see Practice Notes: Proceeds of Crime Act 2002, Counter-terrorist financing—key information for businesses and Counter-proliferation financing—CPF—the basics. Application The MLR 2017 apply to relevant persons acting in the course of...

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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 [Name of individual making request] [Address of individual making request] [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’]. 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 used electronic format].] [We have [excluded OR redacted] some personal data on the grounds of legal professional privilege.] [We have...

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...

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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...

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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Malta’s citizenship by investment scheme contrary to EU law (Commission v Malta)

EU Law analysis: The Court of Justice ruled that Malta failed to fulfil its obligations under EU law by operating an investor citizenship scheme, granting nationality in exchange for predetermined payments and investments without requiring a genuine link between applicants and the country. The European Commission argued that such scheme undermined the essence of Union citizenship under Article 20 TFEU and breached the principle of sincere cooperation in Article 4(3) TEU. The court found that while Member States can set a naturalisation criteria, such must respect EU law. By commercialising EU citizenship, the scheme undermines the integrity of EU citizenship in a manner which constitutes a particularly serious infringement of EU law. The ruling re-affirms limits on Member States’ discretion in granting nationality since that automatically results in possession of Union citizenship, and the importance of ensuring such is done in compliance with Member States’ obligations under EU law. Written by Laura Ralph, associate solicitor at OTB Legal.

Environment weekly highlights—29 May 2025

This week's edition of Environment weekly highlights includes: the Department for Energy Security and Net Zero (DESNZ)’s working paper on a community benefits scheme and shared ownership of renewable generation infrastructure, a consultation by the Department for Energy Security and Net Zero (DESNZ) on proposed changes to the Contracts for Difference (CfD) Standard Terms and Conditions (ST&Cs) ahead of Allocation Round 7, guidance from the Department for Environment, Food and Rural Affairs (Defra) on items made from endangered species materials as well two Defra consultations on the implementation of biodiversity net gain for minor, medium, and brownfield developments and nationally significant infrastructure projects. We also include an analysis of a High Court case regarding the definition of ‘waste’ in the Planning Acts.

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