Erscheinung:01.02.2019 | Topic Compliance Information on data processing in the context of notifications in accordance with Article 10(1)(a) and (b) and (2) of EMIR and section 31 of the German Securities Trading Act (Wertpapierhandelsgesetz – WpHG) that positions have exceeded or fallen below the clearing threshold
The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) processes personal data to meet its legal and (pre-)contractual obligations. This also includes data which BaFin collected from you. To promote awareness regarding data processing and your rights and to comply with our duty to provide information in accordance with Article 13 of the EU General Data Protection Regulation (GDPR), BaFin informs you as follows:
1. Contact details for BaFin and BaFin’s Data Protection Officer
Bundesanstalt für Finanzdienstleistungsaufsicht
Graurheindorfer Str. 108
53117 Bonn
Postfach 1253
53002 Bonn
Phone: +49 (0) 228-4108-0
Fax: +49 (0) 228-4108-1550
E-mail: poststelle@bafin.de oder De-mail: poststelle@bafin.de-mail.de
BaFin’s Data Protection Officer can be reached at: datenschutz@bafin.de.
2. Purpose of processing
The data are processed to document notifications as referred to under Article 10(1) and (2) of EMIR and to facilitate enquiries.
3. Legal basis for the processing of data
Article 10(1) and (2) of EMIR
4. Intention to transfer the personal data to recipients in a third country or to an international organisation
BaFin does not intend to transfer your data to a recipient in a third country (non-EU member states and countries outside the European Economic Area) or to an international organisation.
5. Recipient of data
The data are processed only within BaFin by the employees who are responsible for processing your notification.
6. Time period for storing your data
10 years following the notification that the position has fallen below the clearing threshold
7. Your rights as a data subject
In principle, as a data subject, you have the right of access to personal data (Article 15 of the GDPR), the right to rectification (Article 16 of the GDPR), the right to erasure (Article 17 of the GDPR) and the right to restriction of processing (Article 18 of the GDPR), the right to data portability (Article 20 of the GDPR) and the right to object to the processing (Article 21 of the GDPR). Moreover, you have a right to lodge a complaint with the data protection authority competent for BaFin, i.e. the Federal Commissioner for Data Protection and Freedom of Information (Bundesbeauftragte(r) für den Datenschutz und die Informationsfreiheit).
8. Automated individual decision-making, including profiling
There is no automated individual decision-making.
9. Basis for the provision of your data and consequences in the event of failure to provide your personal data
Your information is collected to ensure that BaFin can process your notification quickly. If you do not provide your data, your notification may not be processed or may be processed with a delay.
