12. Where justified because of the substantial number of requests across the Union concerning the re-use of non-personal data in specific third countries, the Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country:
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(a)
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ensure protection of intellectual property and trade secrets in a way that is essentially equivalent to the protection ensured under Union law;
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(b)
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are being effectively applied and enforced; and
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(c)
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provide effective judicial redress.
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Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(3).