1. The Commission may adopt implementing acts determining that the legal, supervisory and enforcement arrangements of a third country:
(a) are equivalent to the requirements laid down in Article 4;
(b) ensure protection of professional secrecy equivalent to that laid down in this Regulation;
(c) are being effectively applied and enforced in an equitable and non-distortive manner in order to ensure effective supervision and enforcement in that third country; and
(d) ensure that the entities referred to in Article 12(2) have either direct access to the details on SFT data pursuant to Article 19(1) or indirect access to the details on SFTs pursuant to Article 20.
2. Where the Commission has adopted an implementing act on equivalence with regard to a third country, as referred to in paragraph 1 of this Article, counterparties entering into a transaction subject to this Regulation shall be deemed to have fulfilled the requirements laid down in Article 4 where at least one of the counterpart
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