Article 126 Administrative agreements on the exchange of information between EBA and third countries

Summary What does Article 126 of the MiCA regulation say?

This article governs how EBA can engage with supervisory authorities in third countries for the purpose of information exchange.

It sits within the broader supervisory framework established under Article 117, which confers direct supervisory responsibilities on EBA over issuers of significant asset-referenced tokens and significant e-money tokens.

The article sets out the conditions under which such cross-border information sharing arrangements can be made, and ensures that personal data transfers to third countries remain subject to EU data protection rules.

Important points:

EBA may only conclude administrative agreements with third-country supervisory authorities if those authorities provide professional secrecy guarantees at least equivalent to those in Article 129 of this regulation.
Any information exchanged must be used solely for the performance of EBA's or the relevant third-country supervisory authority's tasks.
EBA must apply Regulation (EU) 2018/1725 when transferring personal data to a third country.

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

1. In order to carry out its supervisory responsibilities under Article 117, EBA may conclude administrative agreements on the exchange of information with the supervisory authorities of third countries only if the information disclosed is subject to guarantees of professional secrecy which are at least equivalent to those set out in Article 129.
1. The exchange of information shall be intended for the performance of the tasks of EBA or of the supervisory authorities referred to in paragraph 1.
1. With regard to transfers of personal data to a third country, EBA shall apply Regulation (EU) 2018/1725.

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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.