Source: OJ L, 2024/2902, 28.11.2024

Article 5 Retention period of personal data by issuers

Summary What does Article 5 of the ITS on non-EU currency reporting say?

This article addresses data retention obligations for issuers in the context of personal data received from crypto-asset service providers.

It directly complements the reporting framework established in earlier articles by setting a clear limit on how long issuers may hold onto personal data on token holders that was submitted to them as part of that reporting chain.

The rule is straightforward: retention must not exceed what is necessary for the reporting obligations, and in any case cannot go beyond 5 years from the date the data was obtained.

Important points:

Ensure personal data on holders received from crypto-asset service providers is not retained beyond what is necessary to fulfil your reporting obligations under this regulation.
The maximum retention period is 5 years from the date the personal data was obtained by the issuer.
This obligation falls on issuers and is directly tied to the data submitted by crypto-asset service providers under Articles 1(2) and 3(2) of this regulation.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

The issuers shall not retain any personal data on holders submitted by the crypto-asset service providers in accordance with Articles 1(2) and 3(2) of this Regulation for longer than necessary to comply with the reporting obligations laid down in Article 22(1) of Regulation (EU) 2023/1114. Such retention period shall not exceed 5 years from the date of obtaining the personal data by the issuers.

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