{"data":{"id":"us/17-cfr-49.2","jurisdiction":"us","citation":"17 CFR 49.2","heading":"Definitions.","body":"(a) As used in this part:\nAffiliate means a person that directly, or indirectly, controls, is controlled by, or is under common control with, the swap data repository.\nAs soon as technologically practicable means as soon as possible, taking into consideration the prevalence, implementation, and use of technology by comparable market participants.\nAsset class means a broad category of commodities including, without limitation, any “excluded commodity” as defined in section 1a(19) of the Act, with common characteristics underlying a swap. The asset classes include interest rate, foreign exchange, credit, equity, other commodity, and such other asset classes as may be determined by the Commission.\nCommercial use means the use of SDR data held and maintained by a swap data repository for a profit or business purposes. A swap data repository's use of SDR data for regulatory purposes and/or to perform its regulatory responsibilities would not be considered a commercial use regardless of whether the swap data repository charges a fee for reporting such SDR data.\nControl (including the terms “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.\nData validation acceptance message means a notification that SDR data satisfied the data validation procedures applied by a swap data repository.\nData validation error means that a specific data element of SDR data did not satisfy the data validation procedures applied by a swap data repository.\nData validation error message means a notification that SDR data contained one or more data validation error(s).\nData validation procedures procedures established by a swap data repository pursuant to § 49.10 to validate SDR data reported to the swap data repository.\nForeign regulator means a foreign futures authority as defined in section 1a(26) of the Act, foreign financial supervisors, foreign central banks, foreign ministries, and other foreign authorities.\nIndependent perspective means a viewpoint that is impartial regarding competitive, commercial, or industry concerns and contemplates the effect of a decision on all constituencies involved.\nMarket participant means any person participating in the swap market, including, but not limited to, designated contract markets, derivatives clearing organizations, swap execution facilities, swap dealers, major swap participants, and any other counterparty to a swap transaction.\nNon-affiliated third party means any person except:\n(1) The swap data repository;\n(2) The swap data repository's affiliate; or\n(3) A person jointly employed by a swap data repository and any entity that is not the swap data repository's affiliate (the term “non-affiliated third party” includes such entity that jointly employs the person).\nOpen swap means an executed swap transaction that has not reached maturity or expiration, and has not been fully exercised, closed out, or terminated.\nPerson associated with a swap data repository means:\n(1) Any partner, officer, or director of such swap data repository (or any person occupying a similar status or performing similar functions);\n(2) Any person directly or indirectly controlling, controlled by, or under common control with such swap data repository; or\n(3) Any person employed by such swap data repository, including a jointly employed person.\nPosition means the gross and net notional amounts of open swap transactions aggregated by one or more attributes, including, but not limited to, the:\n(1) Underlying instrument;\n(2) Index, or reference entity;\n(3) Counterparty;\n(4) Asset class;\n(5) Long risk of the underlying instrument, index, or reference entity; and\n(6) Short risk of the underlying instrument, index, or reference entity.\nReporting counterparty means the counterparty required to report SDR data pursuant to part 43, 45, or 46 of this chapter.\nSDR data means the specific data elements and information required to be reported to a swap data repository or disseminated by a swap data repository pursuant to two or more of parts 43, 45, 46, and/or 49 of this chapter, as applicable in the context.\nSDR information means any information that the swap data repository receives or maintains related to the business of the swap data repository that is not SDR data.\nSection 8 material means the business transactions, SDR data, or market positions of any person and trade secrets or names of customers.\nSwap data means the specific data elements and information required to be reported to a swap data repository pursuant to part 45 of this chapter or made available to the Commission pursuant to this part, as applicable.\nSwap transaction and pricing data means the specific data elements and information required to be reported to a swap data repository or publicly disseminated by a swap data repository pursuant to part 43 of this chapter, as applicable.\n(b) Other defined terms. Terms not defined in this part have the meanings assigned to the terms in § 1.3 of this chapter.","path":["Title 17—Commodity and Securities Exchanges","CHAPTER I—COMMODITY FUTURES TRADING COMMISSION","PART 49—SWAP DATA REPOSITORIES"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-17.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:31Z","sha256":"4169d0f8212def0fcbe135454d88d2191259b9048382b923755eb12be1abc66c","source_id":"us-cfr","stale":true,"prev":"us/17-cfr-49.1","next":"us/17-cfr-49.3"},"notice":"GroundRules: Original legal text. Not legal advice."}