Source: OJ L, 2024/2545, 26.11.2024Current language: EN
Annex III FORM FOR REPLY TO A REQUEST FOR COOPERATION OR EXCHANGE OF INFORMATION
Reply to request for cooperation or exchange of information
Reference number:
Date:
FROM
Member State:
Competent Authority:
Address:
(Contact details of the contact point)
Name:
Telephone:
Email:
TO
Member State:
Competent Authority:
Address:
(Contact details of the contact point)
Name:
Telephone:
Email:
Dear [insert appropriate name],
In accordance with Article 5, your request dated [dd.mm.yyyy] with reference number [insert reference number] has been processed by us.
Information gathered
…
…
…
[If the information has been gathered, please set out the information here or provide an explanation of how it will be provided]
The information provided is confidential and is disclosed to [Insert name of the requesting authority] pursuant to the [insert provision of the applicable sectoral legislation] and on the basis that the information shall remain confidential in accordance with Article 11 of this Regulation and Article 100 of Regulation (EU) 2023/1114 of the European Parliament and of the Council(1).
The [insert name of the requesting authority] shall observe the requirements set out in Article 11 with respect to the permissible uses of the information provided, and in Article 101 of Regulation (EU) 2023/1114 with respect to personal data processing and transfer. In particular, the relevant competent authorities shall ensure that all relevant information on the processing of personal data is provided to data subjects in accordance with Section 2 ‘Information and access to personal data’ of Chapter III ‘Rights of the data subject’ of Regulation (EU) 2016/679 of the European Parliament and of the Council(2).
Where the [insert name of the requesting authority] intends to use or disclose information provided in this reply for a purpose different than the one stated in the request but falling under the scope of Regulation (EU) 2023/1114, [insert name of the requesting authority] shall notify [insert name of the requested authority] which has 10 working days to object to such use or disclosure, or where necessary to indicate a precise time limit by which they will be able to provide such feedback.
Where the [insert name of the requesting authority] intends to use or disclose information provided in this reply for any purpose outside the scope of Regulation (EU) 2023/1114, it shall notify [insert name of the requested authority] and, unless the exception set out in Article 100(2) of Regulation (EU) 2023/1114 applies, shall obtain the prior consent of [insert name of the requested authority]. Where [insert name of the requested authority] consents to such use or disclosure, it may subject it to certain conditions.
Yours sincerely,
[signature]
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
placing of crypto-assets
Definition
official currency
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
Definition
consensus mechanism
Definition
operation of a trading platform for crypto-assets
Definition
e-money token
Definition
personal data
Definition
crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
Definition
providing advice on crypto-assets
Definition
offeror
Definition
execution of orders for crypto-assets on behalf of clients
Definition
crypto-asset service provider
Definition
crypto-asset
Definition
DLT network node
Definition
funds
Definition
client
Definition
asset-referenced token
Definition
issuer
Definition
exchange of crypto-assets for other crypto-assets
Definition
electronic money token
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology
Definition
competent authority
- designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;
- designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens;
Footnote 2
Footnote 1