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Erscheinung:04.02.2019 | Topic Compliance Information on data processing regarding the authorisation procedure under section 32 (1) of the German Banking Act (KreditwesengesetzKWG) (WA)

The Federal Financial Supervisory Authority (Bundesanstalt für FinanzdienstleistungsaufsichtBaFin) 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 and Article 14 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 or De-mail: poststelle@bafin.de-mail.de

BaFin’s Data Protection Officer can be reached at: datenschutz@bafin.de

2. Purpose of processing

Granting of an authorisation to provide financial services in accordance with section 32 (1) of the KWG.

3. Legal basis for the processing of data

Section 32 (1) of the KWG in conjunction with Delegated Regulation (EU) 2017/1943 and Implementing Regulation (EU) 2017/1945

4. Categories of processed personal data

The personal data held about you include:

Address details, contact details, CVs, details concerning reliability, available time and additional positions held, a list of management or supervisory board memberships in other companies, details of relationships to family members, details of business relationships, proof of identity, details of business activities, information on the origin of own and external funds, information on the ownership structure, details of group affiliation as well as any other opportunities to exercise influence.

5. 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.

6. Recipient of data

The data are processed within BaFin by the employees responsible for the authorisation. In addition, the data are transmitted to the Deutsche Bundesbank in the context of joint supervision.

7. Time period for storing your data

10 years after expiry of the authorisation

8. 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).

9. Automated individual decision-making, including profiling

There is no automated individual decision-making.

10. Source of personal data

To the extent the personal data is not provided by you as the applicant, the applying institution or its legal representative is the source of your personal data.

11. Basis for the provision of your data and consequences in the event of failure to provide your personal data

Section 32 (1) of the KWG in conjunction with Delegated Regulation (EU) 2017/1943 and Implementing Regulation (EU) 2017/1945.
The information provided in accordance with section 32 (1) of the KWG is mandatory for the provision of financial services. The information is required for BaFin to process the application for authorisation and a failure to provide such information may lead to BaFin not being able to process the application and, thus, to BaFin refusing the authorisation in accordance with section 33 (2) sentence 3 of the KWG.

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