Article 101 Data protection

Summary What does Article 101 of the MiCA regulation say?

This is a short, technical article that serves as a data protection cross-reference, anchoring the regulation's data processing activities to the existing EU data protection framework.

It establishes that the handling of personal data under this regulation is not a standalone regime but must conform to the rules already in place under EU law.

The article draws a clear distinction between two categories of actors: national competent authorities on one hand, and the EU-level supervisory bodies EBA and ESMA on the other, each bound by their respective applicable data protection regulation.

Important points:

Competent authorities are required to process personal data in accordance with Regulation (EU) 2016/679 (the GDPR) when carrying out their tasks under this regulation.
EBA and ESMA are required to process personal data in accordance with Regulation (EU) 2018/1725, which is the data protection framework applicable to EU institutions and bodies.
The article applies to all personal data processing that occurs within the framework of this regulation, covering both national and EU-level actors.

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

With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks for the purposes of this Regulation in accordance with Regulation (EU) 2016/679.
The processing of personal data by EBA and ESMA for the purposes of this Regulation shall be carried out in accordance with Regulation (EU) 2018/1725.

Table of contents

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.