Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2023/0205 (COD)**

**PROPOSAL**

**Brussels, 5 July 2023**
**(OR. en)**

**11220/23**

**EF 198**
**ECOFIN 692**
**CODEC 1235**

From: Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

date of receipt: 29 June 2023

To: Ms Thérèse BLANCHET, Secretary-General of the Council of the
European Union

No. Cion doc.: COM(2023) 360 final

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on a framework for Financial Data Access and
amending Regulations (EU) No 1093/2010, (EU) No 1094/2010, (EU)
No 1095/2010 and (EU) 2022/2554

Delegations will find attached document COM(2023) 360 final.

Encl.: COM(2023) 360 final

11220/23 GBJ/jk
## ECOFIN.1.B EN

EUROPEAN

COMMISSION

Brussels, 28.6.2023
COM(2023) 360 final

2023/0205 (COD)

Proposal for a

**REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**on a framework for Financial Data Access and amending Regulations (EU) No**

**1093/2010, (EU) No 1094/2010, (EU) No 1095/2010 and (EU) 2022/2554**

(Text with EEA relevance)

{SEC(2023) 255 final} - {SWD(2023) 224 final} - {SWD(2023) 230 final}

# **EN EN**

**EXPLANATORY MEMORANDUM**

**1.** **CONTEXT** **OF** **THE** **PROPOSAL**

**•** **Reasons for and objectives of the proposal**

To be successful in a data driven economy that works for the people and businesses, Europe
must strike a balance between the flow and wide use of data and preserving high privacy,
security, safety and ethical standards. In the communication on a European strategy for data, [1]
the Commission set out how the EU should create an attractive policy environment so that, by
2030, its share of the data economy at least corresponds to its economic weight.

In finance, the Commission identified the promotion of data-driven finance as one of the
priorities in its 2020 digital finance strategy [2] and announced its intention to put forward a
legislative proposal on a framework for financial data access. The 2021 Communication on a
Capital Markets Union [3] confirmed the Commission’s ambition to accelerate its work on
promoting data-driven financial services. It announced the establishment of the Expert Group
on the European Financial Data Space to provide input on a first set of use cases. More
recently, Commission President von der Leyen confirmed in her 2022 State of the Union letter
of intent that data access in financial services is among the key new initiatives for 2023.

Customers of the EU financial sector currently cannot efficiently control access and sharing of
their data beyond payment accounts. Data users, i.e. firms that want to access customer data to
provide innovative services, have problems accessing data held by data holders, i.e. financial
institutions that collect, stores and process that customer data. As a result even where
customers so wish, they do not have widespread access to data-driven financial services and
financial products. A set of inter-related problems explain the limited access to data. First, in
the absence of rules and tools to manage data sharing permissions, customers do not trust that
potential risks of sharing data are addressed. Therefore, they are often reluctant to share their
data. Second, even if they want to share data, the rules governing such sharing are either
absent or unclear. As a result, data holders such as credit institutions, insurers and other
financial institutions holding customer data are not always required to enable the access of
data users, like for for example, FinTech companies, i.e. companies using technology to
support or provide financial services, or financial institutions that provide financial services
and develop financial products on the basis of data sharing to their data. Third, data sharing is
made more costly as both the data itself and the technical infrastructure are not standardised
and therefore differ significantly.

1 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 19 February 2020, A European
strategy for data (COM (2020) 66 final).

2
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 29 September 2020, on a Digital Finance
Strategy for the EU (COM/2020/591 final)

3 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 25 November 2021, Capital
Markets Union – Delivering one year after the Action Plan (COM/2021/720 final)

# EN 1 EN

This proposal aims to address these problems by enabling consumers and firms to better
control access to their financial data. This would make it possible for consumers and firms to
benefit from financial products and services that are tailored to their needs based on the data
that is relevant to them, while avoiding the inherent risks.

The general objective of this proposal is to improve economic outcomes for financial services
customers (consumers and businesses) and financial sector firms by promoting digital
transformation and speed up adoption of data-driven business models in the EU financial
sector. Once achieved, consumers which want to do so would be able to access personalised,
data-driven products and services that may better fit their specific needs. Firms, notably
SMEs, would enjoy wider access to financial products and services. Financial institutions
would be able to take full advantage of digital transformation trends, while third-party service
providers would enjoy new business opportunities in data-driven innovation. Consumers and
firms will be given access to their financial data to enable data users to provide tailored
financial products and services that better suit customers’ and firms’ needs.

The proposal does not entail administrative cost savings, as it is a new legislation not
amending previous EU rules. For the same reason, this is also not an initiative included under
the Commission’s regulatory fitness and performance programme (REFIT) aimed to ensure
that EU laws deliver on their objectives at a minimum cost for the benefit of citizens and
businesses.

**•** **Consistency with existing policy provisions in the policy area**

This proposal builds on the revised Payment Services Directive (PSD2), which enabled the
sharing of payments account data (‘open banking‘). This proposal enables the sharing of a
broader set of financial services data and sets the rules according to which the sharing of the
data is going to be achieved. It also sets out the rules applicable to the market participants
who will engage in this activity.

**•** **Consistency with other Union policies**

This proposal respects the General Data Protection Regulation (GDPR) which sets the general
rules on the processing of personal data related to a data subject and ensures the protection of
personal data as well as the free movement of personal data.

This proposal also is a sectoral building block that fits into the broader European strategy for
data and enables data sharing within the financial sector and with other sectors. It is based

                                                              upon the key principles for data access and processing set out in the Commission’s cross
sectoral initiatives. The Data Governance Act focuses on increasing trust in data sharing and
improving seamless interconnection (‘interoperability’) between data spaces and creating a
framework for data intermediation service providers. Another cross-sectoral initiative is the
Digital Markets Act which establishes a number of data related obligations to tackle the
power of gatekeeper platforms and ensure contestability in the digital markets by, for
example, allowing financial institutions on behalf of their customers or when using gatekeeper
core platform services to access data held by gatekeepers. Yet another cross-sectoral initiative
is the proposal for a Data Act [4] that would establish new data access rights for the Internet of

–
Things (IoT) data i.e. the data that products obtain, generate or collect concerning their

4 Proposal for a Regulation of the European Parliament and of the Council on harmonized rules on fair
access to and use of data (Data Act), COM/2022/68 final.

# EN 2 EN

–
performance, use or environment for both product users and providers of related services. It
also establishes generally applicable obligations for data holders, which are required to make
data available to data recipients under EU law or national legislation adopted in line with EU
law.

This proposal also complements the EU retail investment strategy [5] . It will support its
objective to improve the functioning of the retail investor protection framework by providing
safeguards in the use of retail investor data in financial services. Moreover, it ensures
compliance with the rules on cybersecurity and operational resilience in the financial sector,
as set out in the Digital Operational Resilience Act that entered into force on 16 January 2023.

**2.** **LEGAL** **BASIS,** **SUBSIDIARITY** **AND** **PROPORTIONALITY**

**•** **Legal basis**

The Treaty on the Functioning of the European Union (TFEU) confers on the EU institutions
the power to set rules on Member States’ approximation of laws that have as their objective
the establishment and functioning of the internal market (Article 114 TFEU). This includes
the power to enact EU legislation to approximate requirements on the increasingly important
use of data for financial institutions, as financial institutions active across borders would
otherwise face diverging national requirements, rendering cross-border activity more costly.
Creating common rules for data sharing in the financial sector will contribute to the
functioning of the internal market. Common rules will ensure a harmonised regulatory
framework on financial data governance, in line with the European strategy for data. These
results will best be achieved by adopting a Regulation, which is directly applicable in Member
States.

**•** **Subsidiarity (for non-exclusive competence)**

The data economy is an integral part of the internal market. Data flows form a core part of
digital activities, and they mirror existing supply chains and collaborations between firms and
consumers. Any initiative aiming to organise such data flows must apply to the internal
market as a whole. As data holders are generally licensed financial institutions subject to
broad and detailed set of rules largely set out in directly applicable regulations and
supervisory arrangements for which convergence is ensured at EU level, action at EU level is
needed to set common conditions and preserve a level playing field among financial
institutions to safeguard market integrity, consumer protection and financial stability. Another
reason for action at EU level is the high level of integration in the financial sector. Financial
institutions also conduct significant cross-border activity.

The problems described in the impact assessment accompanying this proposal are common
for all EU Member States. Regulating financial services is a power shared between the EU
and its Member States. These problems cannot be solved by Member States acting alone,

5 The retail investment strategy adopted includes the proposal for a Directive of the European Parliament
and of the Council amending Directives (EU) 2009/65/EC, 2009/138/EC, 2011/61/EU, 2014/65/EU and (EU)
2016/97 as regards the Union retail investor protection rules and a proposal for a Regulation of the European
Parliament and of the Council amending Regulation (EU) No 1286/2014 as regards the modernisation of the key
information document.

# EN 3 EN

given that the holders and potential users of customer data in finance often operate across
several Member States. Therefore, a customer may have data held by financial institutions in
different Member States. To improve trust and allow the integrated use of those data all these
financial institutions would need to be governed by the same legal framework and the same
technical standards. Individual national rules would result in overlapping requirements and
disproportionately high compliance costs for firms without being the most beneficial to firms
and consumers.

**•** **Proportionality**

In line with the principle of proportionality, the proposal does not go beyond what is
necessary to achieve its objectives. It only covers the aspects where the administrative burden
and costs are proportionate to the objectives to be achieved. For example, proportionality is
carefully designed in terms of scope and stringency. It is underpinned by qualitative and
quantitative assessment criteria to ensure that the new rules will have a broad effect. Annex 5
to the accompanying impact assessment explains how proportionality has guided the selection
of data sets. Annex 8 to the accompanying impact assessment explains the measures taken to
ensure a proportionate impact on SMEs.

**•** **Choice of the instrument**

This proposal should take the form of a regulation, which is directly applicable in all Member
States. This is to ensure that common rules apply across all Member States on the conditions
for access to and handling of financial services customer data.

**3.** **RESULTS** **OF** **EX-POST** **EVALUATIONS,** **STAKEHOLDER**
**CONSULTATIONS** **AND** **IMPACT** **ASSESSMENTS**

**•** **Ex-post evaluations/fitness checks of existing legislation**

This new proposal does not rely on any existing legislation. It builds on the open banking
regime set up in Directive (EU) 2015/2366 but creates a new data access right for sets of data
not previously covered by any other EU legislative framework.

**•** **Stakeholder consultations**

On 10 May 2022, the European Commission launched a call for evidence on financial data
access. The call for evidence closed on 2 August 2022, gathering 79 responses. Persons
responding in individual capacity expressed concerns about data sharing in the absence of a
framework adopting clear safeguards, such as privacy dashboards, clear delineation of its
scope and a level playing field among market participants. Firms were rather positive as long
as proper safeguards were put in place. The call for evidence showed that if properly
designed, access to financial data could have a positive impact.

On 10 May 2022, the European Commission also launched a joint public consultation on the
review of the revised Payment Services Directive (PSD2) and financial data access. The
public consultation closed on 2 August 2022. The responses on financial data access
confirmed the views expressed in the call for evidence. While most of the general public who
responded would want to share their data based on strong consumer consent/agreement, some
concerns were expressed over sharing financial data. These concerns were based on a lack of

# EN 4 EN

trust over privacy, data protection and digital security issues and a general sense of not being
in control how their data is used.

Professional stakeholders (corporate users, fintech firms, consumer organisations as well as
relevant public authorities and national regulators) were more favourable to data sharing and
mentioned benefits to the customer journey in terms of increased competition and innovation
for financial products and services. A significant minority of professional respondents also
voiced concerns over competition, security and data misuse.

On 10 May 2022, the Commission also launched a targeted consultation on financial data
access and data sharing in the financial sector. The targeted consultation closed on 5 July
2022, gathering 94 responses from professional stakeholders.

The purpose of the targeted consultation was to gather their expert input in data sharing in
finance. The professional stakeholders targeted included financial institutions, data vendors,
fintechs, corporate users, consumer protection associations as well as relevant public
authorities and national regulators). Overall, the responses highlighted that most professional
respondents see the potential benefits of a legal framework for financial data access and
therefore support regulatory intervention in some areas. However, responses to the targeted
consultation suggest that stakeholders’ views diverge substantially and support from
consumers and data holders is conditional on how those data will be accessed and shared.

**•** **Collection and use of expertise**

On 24 October 2022, the Commission received a report on open finance from the Expert
Group on the European Financial Data Space. The Expert Group brings together experts from
academia, consumers, and industry (including banking, insurance, pensions, investment, as
well as third-party providers and fintech firms). The report describes key components of an
open finance ecosystem as seen by the Expert Group (data accessibility, data protection, data
standardisation, liability, level playing field and the key actors) and sets out considerations on
each element, while also presenting divergent views within the group. To illustrate the
challenges and opportunities of open finance, the Expert Group has assessed several specific
use cases which are detailed in the report. The use cases and the findings of the report were
used to develop this proposal, particularly in determining the data covered within scope of the
proposal.

**•** **Impact assessment**

The proposal is accompanied by an impact assessment, which was submitted to the
Commission’s Regulatory Scrutiny Board (RSB) on 3 February 2023 and approved on 3
March 2023. The RSB recommended improvements in some areas to strengthen the evidence
base, put further emphasis on customer trust and protection of vulnerable consumers, as well
as better define the limitations and uncertainties of the cost-benefit analysis for this proposal.
The impact assessment was amended accordingly and addressed the RSB’s more detailed

comments.

Policy options have been chosen based on the Commission Expert Group on the European
Financial Data Space and on stakeholder feedback.

Several options that were considered aimed at improving customer trust in data sharing,
clarify the legal situation, promote standardisation and provide incentives. As regards
customer trust, the options considered included the mandatory use of financial data access

# EN 5 EN

permission dashboards, setting rules on who can access customer data, and complementing
those rules with other safeguards, including guidelines that protect the consumer against
unfair treatment or exclusion risks.

To provide legal clarity, one option considered was the extent to which data holders could be
required to share their customer data with data users. This could be done on a mandatory
basis, subject to the customer request. The types of firms to be obliged to share data was also
considered (credit institutions, payment service providers and other types of financial
institutions across the entire financial sector).

Several options were considered to promote the standardisation of customer data and
interfaces. One option was for market participants to jointly develop common standards for
customer data and interfaces as part of financial data sharing schemes. Consideration was
given as to whether market participants should be part of such a scheme on a voluntary or
mandatory basis in order to access data. Another option was to develop such a scheme by
delegated or implementing acts (so-called Level II legislation that supplements or amends
certain non-essential elements of basic acts).

A number of options were considered to implement high-quality interfaces for customer data
sharing. One option could be for data holders to be required to put in place application
programming interfaces (APIs) implementing the common standards for data and interfaces
and make them available to data users without a contract and without being able to receive
any compensation from data users for using these interfaces. Another option would be to
allow reasonable compensation to set up and use the interfaces and agree on contractual
liability.

The Commission considered that the preferred option is an EU Regulation that establishes a
framework for financial data access, which includes the following characteristics:

    - require market participants to provide customers with financial data access
permission dashboards, set eligibility rules on access to customer data and empower
the European supervisory authorities (ESAs) to issue guidelines to protect consumers
against unfair treatment or exclusion risks;

    - mandate access for data users to selected customer data sets across the financial
sector, always subject to permission by the customers to whom the data relates to;

    - require market participants to develop common standards for customer data and
interfaces concerning data that are subject to mandatory access, as part of schemes;
and

    - require data holders to put in place APIs against compensation, implementing the
common standards for customer data and interfaces developed as part of schemes
and require scheme members to agree on contractual liability.

The expected overall economic impact of this proposal would be enhanced access to betterquality financial services, improving the overall price-quality relationship. Financial data
access would result in more user-centric services: personalised services could benefit
consumers seeking investment advice, and automated creditworthiness assessment can be
expected to help facilitate access to finance for SMEs. The expected impact on the wider
economy is positive due to more efficient service provision as a result of more effective

# EN 6 EN

competition. For these positive impacts to materialise, however, it is important to ensure that
data reuse does not lead to anti-competitive behaviour and collusion, especially given the
requirement for mandatory adherence to contractual schemes, and that data holders, in
particular, do not foreclose competitors through high fees for accessing data.

The proposal can be expected to have an overall positive social impact provided that the
associated risks are kept in check. Sharing of customer data would be controlled as it is

–
subject to customer request mandatory access would only be triggered once the customer
has requested his or her data to be shared. More detailed data sharing could open up access to
finance to previously excluded users. It could facilitate targeted savings and pensions by
facilitating a comprehensive overview of private and occupational pension entitlements as
well as other savings for retirement. On the other hand, without appropriate safeguards, more
data use could, in specific cases, lead to a risk of higher cost or even further exclusion of
customers with an unfavourable risk profile. Particular attention needs to be paid to services
with inherent risk mutualisation, such as insurance. The preferred option would however
mitigate any such impact since data sets which are directly relevant to essential financial
services for consumers would be excluded from its scope and EBA and EIOPA guidelines on
the applicable personal data use perimeters would constitute an additional safeguard.

Overall, financial data access can be expected to have a neutral to positive indirect impact on
the environment, as it would likely support the uptake of innovative investment services,
including those that channel investments towards more sustainable activities. Even though
there could potentially be some negative implications from more intensive use of data centres
that would go together with wider data reuse, these are likely to be limited in scope as most of
the data covered by this proposal already exists in digital form. The additional processing
volume would mainly come from data users accessing these data.

Given the limited data availability and the nature of this proposal, it is inherently difficult to
make quantitative predictions about how it would benefit the economy as a whole. Likewise,
it is equally challenging to disentangle the effects of each policy measure from the potential
aggregate impact. Whilst the costs of each policy option are already challenging to estimate,
its isolated benefits are even more difficult to gauge. An attempt was made to provide a
macroeconomic assessment of the potential benefits based on a macro-level study, the aim of
which however was not to quantify the benefits of this proposal explicitly. Thus, the range of
figures presented below should be taken as an illustration of the potential benefits rather than
a dedicated estimate. According to this macroeconomic assessment, the total annual benefits
for the EU economy produced by enhanced access to and sharing of data in the EU financial
sector ranges between EUR 4.6 billion and EUR 12.4 billion, including the direct impact on
the EU financial data economy in the range of EUR 663 million to EUR 2 billion per year.
The overall estimated cost of the proposal could be up to a range of EUR 2.2 billion to EUR
2.4 billion in one-off costs and between EUR 147 million to EUR 465 million in recurring
annual costs.

Digital finance has many aspects that can improve the workings of economies and further the
cause of sustainable development. Access to finance is one of the major challenges of
sustainable development. While not the direct aim of the proposal, it will indirectly help
advance inclusive and sustainable economic growth and employment. It can help socially
excluded individuals gain better access to finance. This proposal is in line with building
resilient infrastructure, sustainable industrialisation, and innovation. It can unleash
competitive economic forces that improve connectivity in the area of finance. The proposal
will also help address climate change through targeted investment advice, helping investors to

# EN 7 EN

make more informed decisions which can help to channel of capital flows towards sustainable
investments.

**•** **Regulatory fitness and simplification**

This proposal will make it easier for data users to access customer financial data, thereby
making it easier for customers to access innovative financial services. It will notably support
SMEs and their access to finance. To mitigate any negative impact on SMEs as data holders,
it includes several measures. For example, by introducing compensation for data access,
smaller market participants would be allowed to recover costs incurred by the requirement to
provide technical interfaces for data access (‘application programming interfaces‘). Moreover,
SMEs acting as data holders could further reduce their implementation costs by developing
joint interfaces or making use of external service providers. In addition, SMEs acting as data
users will be able to access customer data against a reduced compensation, capped at cost, in
line with Article 9(2) of the Data Act proposal. An option considered and rejected would be to
exclude SMEs as data holders from the scope of the obligations to make data available.
However, this option would have several disadvantages. It would considerably reduce the
positive impact of the proposal, as some use cases rely on data from all financial institutions
serving a particular customer and therefore holding their data to be pulled together. For
example, use cases related to investment advice would only work efficiently if all relevant
data on a customer’s assets and investments (whether they are held with smaller or larger
firms) are comprehensively available for access. Moreover, it would not be consistent with
ensuring that all market participants abide by key rules to ensure a level playing field. More
broadly, the administrative costs introduced for businesses (EUR 18.5 million one-off costs)
is a proportionate and relatively small administrative burden.

**•** **Fundamental rights**

This proposal has an impact on the fundamental rights of consumers, notably Article 7 and 8
on the right to respect for private life and the right to the protection of personal data enshrined
in the EU Charter on Fundamental Rights (the EU Charter). The proposal establishes access
rights for data in the financial sector, which would contribute to increased sharing of data,
including personal data, at customers’ request. The impact to fundamental rights will be
mitigated by ensuring that in line with Article 38 of the EU Charter there is a high level of
consumer protection and that data sharing is strictly subject to the request of the customer. To
uphold Articles 7 and Article 8 of the EU Charter, some provisions, notably financial data
access permission dashboards and targeted guidelines in areas of higher exclusion risk, will
boost customer trust and provide a framework of user control sharing personal data. The
dashboard will strengthen customer control, notably when personal data is processed for the
requested service, based on consent or necessary for the performance of a contract. In
addition, restriction on re-use of data beyond requested service is introduced. Introducing the
new category of authorised ‘financial information service providers’ would ensure that only
trusted and secure providers are eligible to access and process customer data in the financial
sector. In addition, consumers will be protected with strong security safeguards against
possible data misuse and data breaches as both data holders as well as data users will be
bound by the rules of the Digital Operational Resilience Act (DORA).

**4.** **BUDGETARY** **IMPLICATIONS**

The implementation of this proposal would not have an impact on the general budget of the
European Union. Although the European Supervisory Authorities (ESAs) will need to

# EN 8 EN

undertake some tasks so that the legislation is properly implemented, most of these tasks fall
within the existing mandates of the ESAs, e.g. preparing draft regulatory or implementing
standards or guidelines for the better application of this Regulation. In addition, while the
European Banking Authority (EBA) would be required to set up a register with information
on e.g. financial information service providers, the cost of establishing such a register would
be limited and should be covered by cost savings resulting from the synergies and efficiencies
that all Union bodies are expected to realise. Conversely the legislation would not confer any
new supervisory or monitoring tasks on the ESAs. Therefore, any costs resulting from the
implementation of the proposed legislation should be covered by the existing budget of the
ESAs.

There are limited implications in terms of costs and administrative burden for national
competent authorities (NCAs). Their magnitude and distribution will depend on the
requirement placed on financial information service providers to apply for a license provided
by an NCA and the related supervisory and monitoring tasks. These costs to NCAs would be
partially offset by the supervisory fees that NCAs would levy on financial information service
providers.

Regulated financial institutions that already have a licence would not be affected by the new
licensing regime that this proposal would establish, and there would be no additional
regulatory reporting, licensing or other requirements. For the firms that would need to seek a
licence, the total costs of seeking a licence is estimated to be about EUR 18.5 million,
assuming that about 350 firms would apply to become financial services information
providers (FISPS) to be able to access customer data. These firms would also have to comply
with the DORA requirements and put in place the required cyber-security standards.

**5.** **OTHER** **ELEMENTS**

**•** **Implementation plans and monitoring, evaluation and reporting arrangements**

Providing a monitoring and evaluation mechanism is necessary to ensure that the regulatory
actions undertaken are effective in achieving their objectives. The Commission will assess the
impact of this Regulation and will be tasked with reviewing it (Article 31 of the proposal).

**•** **Detailed explanation of the specific provisions of the proposal**

This proposal seeks to establish a framework governing access to and use of customer data in
finance (financial data access ‘FIDA’). Financial data access refers to the access to and
processing of business-to-business and business-to-customer (including consumer) data upon
customer request across a wide range of financial services. The proposal is divided into nine
Titles.

Title I sets the subject matter, scope and definitions. Article 1 sets out that the Regulation
establishes the rules in line with which certain categories of customer data in finance may be
accessed, shared, and used. It also establishes the requirements for the access, sharing, and use
of data in finance, the respective rights and obligations of data users and data holders and the
respective rights and obligations of financial information service providers in relation to the
provision of information services as a regular occupation or business activity. Article 2 sets
the scope of the Regulation to certain exhaustively described sets of data and lists the firms to
which this Regulation applies. Article 3 sets the terms and definitions that are used for the

# EN 9 EN

purposes of this Regulation, including ’data holder‘, ’data user‘, ’financial information service
provider‘ and others.

Title II introduces a legal obligation on data holders and governs the way this obligation
should be exercised. Article 4 indicates that the data holder must make available to customers
the data within the scope of this Regulation based on a request. Article 5 provides the
customer with the right to request that the data holder shares this data with a data user. Where
personal data is concerned, the request must comply with a valid legal basis as referred to in
the General Data Protection Regulation (GDPR) that allows for the processing of personal
data. Article 6 imposes certain obligations on data users receiving data at the request of
customers. There should only be access to the customer data made available under Article 5
and this data should be used only for the purposes and the conditions agreed with the
customer. The customer’s personalised security credentials should not be accessible to other
parties and the data should not be stored for longer than what is necessary.

Title III sets the requirements to ensure responsible data use and security. Article 7 provides
guidance on how firms should use data for given use cases and ensures that there will not be
any discrimination or restriction in the access to services as a result of the use of the data. It
ensures that customers that refuse to grant permission to use sets of their data will not be
refused access to financial products just because these customers refused to grant permission.
Article 8 establishes the financial data access permission dashboards to ensure that customers
can monitor their data permissions by being able to access an overview of their data
permissions, grant new ones and withdraw permissions if necessary.

Title IV sets the requirements for the creation and governance of financial data sharing
schemes whose aim is to bring together data holders, data users and consumer organisations.
Such schemes should develop data and interface standards, set the coordination mechanisms
for the operation of financial data access permission dashboards as well as a joint standardised
contractual framework governing access to specific datasets, the rules on governance of these
schemes, transparency requirements, compensation rules, liability, and dispute resolution.
Article 9 provides that the data falling within the scope of this Regulation must be made
available only to members of a financial data-sharing scheme, rendering the existence and
membership to such schemes mandatory. Article 10 sets the governance processes of such a
scheme, including the rules on the contractual liability of its members and the mechanism to
resolve disputes out-of-court. Article 10 also provides for the developments of common
standards for the sharing of data and the creation of technical interfaces to be used for the
sharing of data. Such data-sharing schemes must be notified to the competent authorities, they
must benefit from a passport for operations across the EU and or transparency purposes, the
schemes must be part of a register to be maintained by EBA. The minimum arrangements for
a financial data sharing scheme should also state that data holders must be entitled to
compensation for making the data available to data users, according to the terms of the
scheme they are both part of. Compensation in any case must be reasonable, based on a clear
and transparent methodology previously agreed by the scheme members and should aim to
reflect at least the costs incurred for making available a technical interface to share the data
requested. Article 11 provides for a Commission empowerment to adopt a delegated act in the
event that a financial data sharing scheme is not developed for one or more categories of
customer data.

Title V sets out the provisions on authorisation and operating conditions of financial
information service providers. These requirements highlight the required content of an
application (Article 12), the appointment of a legal representative (Article 13), the scope of

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the authorisation, including the EU passport of financial information service providers
(Article 14) and the right granted to competent authorities to withdraw an authorisation.
Article 15 provides for the establishment of a register of financial information service
providers and data sharing schemes to be held by the EBA. Article 16 provides for the
organisational requirements of financial information service providers.

Title VI provides details on the powers of competent authorities. Article 17 imposes on
Member States the obligation to designate competent authorities. Article 18 sets out detailed
provisions on the powers of competent authorities, Article 19 provides for the power to reach
settlement agreements and expedited enforcement procedures. Articles 20 to 21 detail the
administrative penalties and other administrative measures, as well as the periodic penalty
payments, that can be imposed by competent authorities. Article 22 sets out the circumstances
that should be considered when competent authorities determine administrative penalties and
other administrative measures. Article 23 covers professional secrecy for information
exchanges between competent authorities. Title VI includes rules on the right to appeal
(Article 24), the publication of administrative sanctions and administrative measures imposed
(Article 25), the rules on the exchange of information between competent authorities (Article
26) and the settlement of disagreements between them (Article 27).

Title VII provides for the notification procedure to competent authorities for firms exercising
the right of establishment and freedom to provide services (Article 28), as well as an
obligation of information from competent authorities when they take measures involving
restrictions on the freedom of establishment (Article 29).

Title VIII includes the exercise of the delegation with a view to adopt Commission delegated
acts (Article 30), as the proposal itself contains an empowerment for the Commission to adopt
a delegated act under Article 11. This Title also includes the obligation for the Commission to
review certain aspects of the Regulation (Article 31). Articles 32 to 34 include the necessary
amendments to the regulations establishing the ESAs to include this Regulation and financial
information service providers within their scope. Article 35 includes an amendment to the
Digital Operational Resilience Act Regulation. Article 36 indicates that this Regulation enters
into application 24 months after its entry into force, except for Title IV (on schemes) that
enters into application 18 months after the Regulation’s entry into force.

# EN 11 EN

2023/0205 (COD)

Proposal for a

**REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**on a framework for Financial Data Access and amending Regulations (EU) No**

**1093/2010, (EU) No 1094/2010, (EU) No 1095/2010 and (EU) 2022/2554**

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee [6],

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) A responsible data economy, which is driven by the generation and use of data, is an
integral part of the Union internal market that can bring benefits to both Union citizens
and the economy. Digital technologies relying on data are increasingly driving change
in financial markets by producing new business models, products and ways for firms
to engage with customers.

(2) Customers of financial institutions, both consumers and firms, should have effective
control over their financial data and the opportunity to benefit from open, fair, and safe
data-driven innovation in the financial sector. Those customers should be empowered
to decide how and by whom their financial data is used and should have the option to
grant firms access to their data for the purposes of obtaining financial and information
services should they wish.

(3) The Union has a stated policy interest in enabling access of customers of financial
institutions to their financial data. The Commission confirmed in its communication
on a digital finance strategy and Communication on a capital markets union adopted in
2021 an intention to put in place a framework for financial data access to reap the
benefits for customers of data sharing in the financial sector. Such benefits include the

6 OJ C,, p. .

# EN 12 EN

development and provision of data-driven financial products and financial services,
made possible by the sharing of customer data.

(4) Within financial services, and as a result of the revised Directive (EU) 2015/2366 of
the European Parliament and of the Council [7], the sharing of payments account data in
the Union based on customer permission has begun to transform the way consumers
and businesses use banking services. In order to build upon the measures in that
Directive, a regulatory framework should be established for the sharing of customer
data across the financial sector beyond payment account data. This should also be a
building block for fully integrating the financial sector into the Commission’s strategy
for data [8] which promotes data sharing across sectors.

(5) Ensuring customer control and trust is imperative to build a well-functioning and
effective data sharing framework in the financial sector. Ensuring effective customers’
control over data sharing contributes to innovation as well as customer confidence and
trust in data sharing. As a result, effective control helps overcome customer reluctance
to share their data. Under the current Union framework, the data portability right of a
data subject in accordance with the Regulation (EU) 2016/679 of the European
Parliament and of the Council [9] is limited to personal data and can be relied upon only
where it is technically feasible to port the data. Customer data and technical interfaces
in the financial sector beyond payment accounts are not standardised, rendering data
sharing more costly. Further, the financial institutions are only legally obliged to make
the payment data of their customers available.

(6) The Union’s financial data economy therefore remains fragmented, characterised by
uneven data sharing, barriers, and high stakeholder reluctance to engage in data
sharing beyond payments accounts. Customers accordingly do not benefit from
individualised, data-driven products and services that may fit their specific needs. The
absence of personalised financial products limits the possibility to innovate, by
offering more choice and financial products and services for interested consumers who
could otherwise benefit from data-driven tools that can support them to make informed
choices, compare offerings in a user-friendly manner, and switch to more
advantageous products that match their preferences based on their data. The existing
barriers to business data sharing are preventing firms, in particular SMEs, to benefit
from better, convenient and automated financial services.

(7) Making data available by way of high-quality application programming interfaces is
essential to facilitate seamless and effective access to data. Beyond the area of
payment accounts, however, only a minority of financial institutions that are data
holders indicate that they make data available through technical interfaces like

7 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment

services in the internal market, amending Directive 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation
(EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).

8 https://eur-lex.europa.eu/legalcontent/EN/TXT/?qid=1593073685620&uri=CELEX%3A52020DC0066
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016,
p. 1).

# EN 13 EN

application programming interfaces. As incentives to develop such innovative services
are absent, market demand for data access remains limited.

(8) A dedicated and harmonised framework for access to financial data is therefore
necessary at Union level to respond to the needs of the digital economy and to remove
barriers to a well-functioning internal market for data. Specific rules are required to
address these barriers to promote better access to customer data and hence make it
possible for consumers and firms to realise the gains stemming from better financial
products and services. Data-driven finance would facilitate industry transition from the
traditional supply of standardised products to tailored solutions that are better suited to
the customers’ specific needs, including improved customer facing interfaces that
enhance competition, improve user experience and ensure financial services that are
focused on the customer as the end user.

(9) The data included in the scope of this Regulation should demonstrate high value added
for financial innovation as well as low financial exclusion risk for consumers. This
Regulation should therefore not cover data related to the sickness and health insurance
of a consumer in accordance with Directive 2009/138/EC of the European Parliament
and of the Council [10] as well as data on life insurance products of a consumer in
accordance with Directive 2009/138/EC other than life insurance contracts covered by
insurance-based investment products. This Regulation should also not cover data
collected as part of a creditworthiness assessment of a consumer. The sharing of
customer data in the scope of this Regulation should respect the protection of
confidential business data and trade secrets.

(10) The sharing of the customer data in the scope of this Regulation should be based on
the permission of the customer. The legal obligation on data holders to share customer
data should be triggered once the customer has requested their data to be shared with a
data user. This request can be submitted by a data user acting on behalf of the
customer. Where the processing of personal data is involved, a data user should have a
valid lawful basis for processing under Regulation (EU) 2016/679. The customers data
can be processed for the agreed purposes in the context of the service provided. The
processing of personal data must respect the principles of personal data protection,
including lawfulness, fairness and transparency, purpose limitation and data
minimisation. A customer has the right to withdraw the permission given to a data
user. When data processing is necessary for the performance of a contract, a customer
should be able to withdraw permissions according to the contractual obligations to
which the data subject is party. When personal data processing is based on consent, a
data subject has the right to withdraw his or her consent at any time, as provided for in
Regulation (EU) 2016/679.

(11) Enabling customers to share their data on their current investments can encourage
innovation in the provision of retail investment services. Primary data collection to
complete a suitability and appropriateness assessment of a retail investor is timeintensive for a customer and constitutes a significant cost factor for advisors and
distributors of investment, pension, and insurance-based investment products. The

10 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the
taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (OJ L 335,
17.12.2009, p. 1).

# EN 14 EN

sharing of customer data on holdings of savings and investments in financial
instruments including insurance-based investment products and data collected for the
purposes of carrying out a suitability and appropriateness assessment can improve
investment advice for consumers and has strong innovative potential, including in the
development of personalised investment advice and investment management tools that
can make retail investment advice more efficient. Such management tools are already
being developed in the market and can develop more effectively in the context where a
customer can share their investment-related data.

(12) Customer data on balance, conditions or transaction details related to mortgages, loans
and savings can enable customers to gain a better overview of their deposits and better
meet their savings needs based on credit data. This Regulation should cover customer
data beyond payment accounts defined in Directive (EU) 2015/2366. Credit accounts
covered by a credit line which cannot be used for the execution of payment
transactions to third parties should be within the scope of this Regulation. It should
therefore be understood that this Regulation covers the access to the balance,
conditions or transaction details related to mortgage credit agreements, loans, and
savings accounts as well as the types of accounts not falling withing the scope of the
Directive (EU) 2015/2366 [11] .

(13) The customer data included in the scope of this Regulation should include
sustainability-related information that should enable customers to more easily access
financial services that are aligned with their sustainability preferences and sustainable
finance needs, in line with the Commission’s strategy for financing the transition to a
sustainable economy [12] . Access to data relating to sustainability which may be
contained in balance or transaction details related to a mortgage, credit, loan and
savings account, as well as access to customer data relating to sustainability held by
investment firms, can contribute to facilitating access to data needed to access
sustainable finance or make investments into the green transition. Moreover, customer
data in the scope of this Regulation should include data which forms part of a
creditworthiness assessment related to firms, including small and medium sized
enterprises, and which can provide greater insight into the sustainability objectives of
small firms. The inclusion of data used for the creditworthiness assessment related to
firms should improve access to financing and streamline the application for loans.
Such data should be limited to data on firms and should not infringe intellectual
property rights.

(14) Customer data related to the provision of non-life insurance are essential to enable
insurance products and services important to the needs of customer like the protection
of homes, vehicles, and other property. At the same time, the collection of such data is
often burdensome and costly and can act as a deterrent against seeking optimal
insurance coverage by customers. To address this problem, it is therefore necessary to

11 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on
payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and
2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337
23.12.2015, p. 35).

12 Communication From the Commission to the European Parliament, the Council, the European
Economic And Social Committee and the Committee of the Regions, Strategy for Financing the
Transition to a Sustainable Economy, COM/2021/390 final

# EN 15 EN

include such financial services within the scope of this Regulation. Customer data on
insurance products within scope of this Regulation should include both insurance
product information such as detail on an insurance coverage and data specific to the
consumers’ insured assets which are collected for the purposes of a demands and
needs test. The sharing of such data should allow for the development of personalised
tools for customers, such as insurance dashboards that could help consumers better
manage their risks. It could also help customers to obtain products that are better
targeted to their demands and needs, including through more valuable advice. This can
contribute to more optimal insurance coverage for customers and increased financial
inclusion of otherwise underserved consumers, by offering new or increased coverage.
Moreover, the sharing of insurance data can be beneficial for more efficient supply of
insurance including, in particular, at the stages of product design, underwriting,
contract execution, including claims management, and risk mitigation.

(15) The sharing of data on occupational and personal pension savings has strong
innovative potential for consumers. Pension savers often lack sufficient knowledge
about their pension rights, which is related to the fact that data on such rights are often
dispersed across different data holders. The sharing of data related to occupational and
personal pension savings should contribute to the development of pension tracking
tools that provide savers with a comprehensive overview of their entitlements and
retirement income both within specific Member States and cross-border in the Union.
Data on pension rights concerns in particular accrued pension entitlements, projected
levels of retirement benefits, risks and guarantees of members and beneficiaries of
occupational pension schemes. Access to data related to occupational pensions is
without prejudice to national social and labour law on the organisation of pension
systems, including membership of schemes and the outcomes of collective bargaining
agreements.

(16) Data which forms part of a creditworthiness assessment of a firm in the scope of this
Regulation should consist of information which a firm provides to institutions and
creditors as part of the loan application process or a request for a credit rating. This
includes loan applications of micro, small, medium and large enterprises. It may
include data collected by institutions and creditors as set out in Annex II of the
European Banking Authority Guidelines on loan origination and monitoring [13] . Such
data may include financial statements and projections, information on financial
liabilities and arrears in payment, evidence of ownership of the collateral, evidence of
insurance of the collateral and information on guarantees. Additional data may be
relevant if the purpose of the loan application relates to the purchase of commercial
real estate or real estate development.

(17) As this Regulation is meant to oblige financial institutions to provide access to defined
categories of data at the request of the customer when acting as data holders, and allow
the sharing of data based on customer permission when financial institutions act as
data users, it should provide a list of the financial institutions that may act as either a
data holder, a data user or both. Financial institutions should therefore be understood
to mean those entities that provide financial products and financial services or offer
relevant information services to customers in the financial sector.

13 [EBA Final Report on Guidelines on loan origination and monitoring.pdf (europa.eu), 29.05.2020.](https://www.eba.europa.eu/sites/default/documents/files/document_library/Publications/Guidelines/2020/Guidelines%20on%20loan%20origination%20and%20monitoring/884283/EBA%20GL%202020%2006%20Final%20Report%20on%20GL%20on%20loan%20origination%20and%20monitoring.pdf)

# EN 16 EN

(18) Practices employed by data users to combine new and traditional customer data
sources in the scope of this Regulation must be proportionate to ensure that they do
not lead to financial exclusion risks for consumers. Practices that lead to a more
sophisticated or comprehensive analysis of certain vulnerable segments of consumers,
such as persons with a low income, may increase the risk of unfair conditions or
differential pricing practices like the charging of differential premiums. The potential
for exclusion is increased in the provision of products and services that are priced
according to the profile of a consumer, notably in credit scoring and the assessment of
creditworthiness of natural persons as well for products and services related to the risk
assessment and pricing of natural persons in the case of life and health insurance.
Given the risks, the use of data for these products and services should be subject to
specific requirements to protect consumers and their fundamental rights.

(19) The data use perimeter thus established in this Regulation and in the accompanying
guidelines (‘the guidelines’) to be developed by the European Banking Authority
(EBA) and the European Insurance and Occupational Pensions Authority (EIOPA)
should provide a proportionate framework on how personal data related to a consumer
that falls within the scope of this Regulation should be used. The data use perimeter
ensures consistency between the scope of this Regulation, which excludes data that
forms part of a creditworthiness assessment of a consumer as well as data related to
life, health and sickness insurance of a consumer, and the scope of the guidelines,
which set recommendations on how types of data originating from other areas of the
financial sector that are in scope of this Regulation can be used to provide these
products and services. The guidelines developed by the EBA should set out how other
types of data that are in scope of this Regulation can be used to assess the credit score
of a consumer. The guidelines developed by EIOPA should set out how data in scope
of this Regulation can be used in products and services related to risk assessment and
pricing in the case of life, health and sickness insurance products. The guidelines
should be developed in a manner that is aligned to the needs of the consumer and
proportionate to the provision of such products and services.

(20) EBA and EIOPA should closely cooperate with the European Data Protection Board
when drafting the guidelines, which should build on existing recommendations on the
use of consumer information in the area of consumer and mortgage credit, notably the
rules on use of creditworthiness assessment under Directive 2008/48/EC of the
European Parliament and of the Council of 23 April 2008 on credit agreements for
consumers and repealing Council Directive 87/102/EEC, the European Banking
Authority’s Guidelines on loan origination and monitoring, and the European Banking
Authority guidelines on creditworthiness assessment developed under Directive
2014/17/EU, as well guidelines provided by European Data Protection Board on the
processing of personal data.

(21) Customers must have effective control over their data and confidence in managing
permissions they have granted in accordance with this Regulation. Data holders should
therefore be required to provide customers with common and consistent financial data
access permission dashboards. The permission dashboard should empower the
customer to manage their permissions in an informed and impartial manner and give
customers a strong measure of control over how their personal and non-personal data
is used. It should not be designed in a way that would encourage or unduly influence
the customer to grant or withdraw permissions. The permission dashboard should take
into account, where appropriate, the accessibility requirements under Directive (EU)

# EN 17 EN

2019/882 of the European Parliament and of the Council [14] . When providing a
permission dashboard, data holders could use a notified electronic identification and
trust service, such as a European Digital Identity Wallet issued by a Member State as
introduced by the proposal amending Regulation (EU) No 910/2014 as regards
establishing a framework for a European Digital Identity [15] . Data holders may also rely
on data intermediation service providers under Regulation (EU) 2022/868 of the
European Parliament and of the Council [16], to provide permission dashboards that fulfil
the requirements of this Regulation.

(22) The permission dashboard should display the permissions given by a customer,
including when personal data are shared based on consent or are necessary for the
performance of a contract. The permission dashboard should warn a customer in a
standard way of the risk of possible contractual consequences of the withdrawal of a
permission, but the customer should remain responsible for managing such risk. The
permission dashboard should be used to manage existing permissions. Data holders
should inform data users in real-time of any withdrawal of a permission. The
permission dashboard should include a record of permissions that have been
withdrawn or have expired for a period of up to two years to allow the customer to
keep track of their permissions in an informed and impartial manner. Data users
should inform data holders in real-time of new and re-established permissions granted
by customers, including the duration of validity of the permission and a short summary
of the purpose of the permission. The information provided on the permission
dashboard is without prejudice to the information requirements under Regulation (EU)
2016/679.

(23) To ensure proportionality, certain financial institutions are out of the scope of this
Regulation for reasons associated with their size or the services they provide, which
would make it too difficult to comply with this regulation. These include institutions
for occupational retirement provision which operate pension schemes which together
do not have more than 15 members in total, as well as insurance intermediaries who
are microenterprises or small or medium-sized enterprises. In addition, small or
medium-sized enterprises acting as data holders that are within the scope of this
Regulation should be allowed to establish an application programming interface
jointly, reducing the costs for each of them. They can also avail themselves of external
technology providers which run application programming interfaces in a pooled
manner for financial institutions and may charge them only a low fixed usage fee and
work largely on a pay-per-call basis.

(24) This Regulation introduces a new legal obligation on financial institutions acting as
data holders to share defined categories of data at request of the customer. The
obligation on data holders to share data at the request of the customer should be
specified by making available generally recognised standards to also ensure that the
data shared is of a sufficiently high quality. The data holder should make customer

14 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the

–
accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70 115)
15 COM(2021) 281 final, 2021/0136(COD)
16 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European
data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152,
3.6.2022, p. 1).

# EN 18 EN

data available continuously for the purposes and under the conditions for which the
customer has granted permission to a data user. Continuous access could consist of
multiple requests to make customer data available to fulfil the service agreed with the
customer. It could also consist of a one-off access to customer data. While the data
holder is responsible for the interface to be available and for the interface to be of
adequate quality, the interface may be provided not only by the data holder but also by
another financial institution, an external IT provider, an industry association or a group
of financial institutions, or by a public body in a member state. For institutions for
occupational retirement provisions, the interface can be integrated into pension
dashboards that cover a broader range of information, as long as it complies with the
requirements of this Regulation.

(25) In order to enable the contractual and technical interaction necessary for implementing
data access between multiple financial institutions, data holders and data users should
be required to be part of financial data sharing schemes. These schemes should
develop data and interface standards, joint standardised contractual frameworks
governing access to specific datasets, and governance rules related to data sharing. In
order to ensure that schemes function effectively, it is necessary to establish general
principles for the governance of these schemes, including rules on inclusive
governance and participation of data holders, data users and customers (to ensure
balanced representation in schemes), transparency requirements, and a wellfunctioning appeal and review procedure (notably around the decision-making of
schemes). Financial data sharing schemes must comply with Union rules in the area of
consumer protection and data protection, privacy, and competition. The participants in
such schemes are also encouraged to draw up codes of conduct similar to those
prepared by controllers and processors under Article 40 of Regulation (EU) 2016/679.
While such schemes may build upon existing market initiatives, the requirements set
out in this Regulation should be specific to financial data sharing schemes or parts
thereof which market participants use to fulfil their obligations under this Regulation
after the data of application of these obligations.

(26) A financial data sharing scheme should consist of a collective contractual agreement
between data holders and data users with the objective of promoting efficiency and
technical innovation in financial data sharing to the benefit of customers. In line with
Union rules on competition, a financial data sharing scheme should only impose on its
members restrictions which are necessary to achieve its objectives and which are
proportionate to those objectives. It should not afford its members the possibility of
preventing, restricting or distorting competition in respect of a substantial part of the
relevant market.

(27) In order to ensure the effectiveness of this Regulation, the power to adopt acts in
accordance with Article 290 of the Treaty on the Functioning of the European Union
should be delegated to the Commission in respect of specifying the modalities and
characteristics of a financial data sharing scheme in case a scheme is not developed by
the data holders and the data users. It is of particular importance that the Commission
carry out appropriate consultations during its preparatory work, including at expert
level, and that those consultations be conducted in accordance with the principles laid
down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making [17] . In

17 OJ L 123, 12.5.2016, p. 1.

# EN 19 EN

particular, to ensure equal participation in the preparation of delegated acts, the
European Parliament and the Council receive all documents at the same time as
Member States' experts, and their experts systematically have access to meetings of
Commission expert groups dealing with the preparation of delegated acts.

(28) Data holders and data users should be allowed to use existing market standards when
developing common standards for mandatory data sharing.

(29) To ensure that data holders have an interest in providing high quality interfaces for
making data available to data users, data holders should be able to request reasonable
compensation from data users for putting in place application programming interfaces.
Facilitating data access against compensation would ensure a fair distribution of the
related costs between data holders and data users in the data value chain. In cases
where the data user is an SME, proportionality for smaller market participants should
be ensured by limiting compensation strictly to the costs incurred for facilitating data
access. The model for determining the level of compensation should be defined as part
of the financial data sharing schemes as provided in this Regulation.

(30) Customers should know what their rights are in case problems arise when data is
shared and who to approach to seek compensation. Financial data sharing scheme
members, including data holders and data users, should therefore be required to agree
on the contractual liability for data breaches as well as how to resolve potential
disputes between data holders and data users regarding liability. Those requirements
should focus on establishing, as part of any contract, liability rules as well as clear
obligations and rights to determine liability between the data holder and the data user.
Liability issues related to the consumers as data subjects should be based on
Regulation (EU) 2016/679, notably the right to compensation and liability under
Article 82 of that Regulation.

(31) To promote consumer protection, enhance customer trust and ensure a level playing
field, it is necessary to lay down rules on who is eligible to access customers’ data.
Such rules should ensure that all data users are authorised and supervised by
competent authorities. This would ensure that data can be accessed only by regulated
financial institutions or by firms subject to a dedicated authorisation as financial
information service providers’ (‘FISPs’) which is subject to this Regulation. Eligibility
rules on FISPs, are needed to safeguard financial stability, market integrity and
consumer protection, as FISPs would provide financial products and services to
customers in the Union and would access data held by financial institutions and the
integrity of which is essential to preserve the financial institutions’ ability to continue
providing financial services in a safe and sound manner. Such rules are also required
to guarantee the proper supervision of FISPs by competent authorities in line with
their mandate to safeguard financial stability and integrity in the Union, which would
allow FISPs to provide throughout the Union the services for which they are
authorised.

(32) Data users within the scope of this Regulation should be subject to the requirements of
Regulation (EU) 2022/2554 of the European Parliament and of the Council [18] and

18 Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on
digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009,

# EN 20 EN

therefore be obliged to have strong cyber resilience standards in place to carry out
their activities. This includes having comprehensive capabilities to enable a strong and
effective ICT risk management, as well as specific mechanisms and policies for
handling all ICT-related incidents and for reporting major ICT-related incidents. Data
users authorised and supervised as financial information service providers under this
Regulation should follow the same approach and the same principle-based rules when
addressing ICT risks taking into account their size and overall risk profile, and the
nature, scale and complexity of their services, activities and operations. Financial
information service providers should therefore be included in the scope of Regulation
(EU) 2022/2554.

(33) In order to enable effective supervision and to eliminate the possibility of evading or
circumventing supervision, financial information service providers must be either
legally incorporated in the Union or in case they are incorporated in a third country
appoint a legal representative in the Union. An effective supervision by the competent
authorities is necessary for the enforcement of requirements under this Regulation to
ensure integrity and stability of the financial system and to protect consumers. The
requirement of legal incorporation of financial information service providers in the
Union or the appointment of a legal representative in the Union does not amount to
data localisation since this Regulation does not entail any further requirement on data
processing including storage to be undertaken in Union.

(34) A financial information service provider should be authorised in the jurisdiction of the
Member State where its main establishment is located, that is, where the financial
information service provider has its head office or registered office within which the
principal functions and operational control are exercised. In respect of financial
information service providers that do not have an establishment in the Union but
require access to data in the Union and therefore fall within the scope of this
Regulation, the Member State where those financial information service providers
have appointed their legal representative should have jurisdiction, considering the
function of legal representatives under this Regulation.

_**(35)**_ To facilitate transparency regarding data access and financial information service
providers, EBA should establish a register of financial information service providers
authorised under this Regulation, as well as financial data sharing schemes agreed
between data holders and data users.

(36) Competent authorities should be conferred with the powers necessary to supervise the
way the compliance of the obligation on data holders to provide access to customer
data established by this Regulation is exercised by market participants, as well as to
supervise financial information service providers. Access relevant data traffic records
held by a telecommunications operator as well as the ability to seize relevant
documents on premises are important and necessary powers to detect and prove the
existence of breaches under this Regulation. Competent authorities should therefore
have the power to require such records where they are relevant to an investigation,
insofar as permitted under national law. Competent authorities should also cooperate
with the supervisory authorities established under Regulation (EU) 2016/679 in the

(EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011 (OJ L 333, 27.12.2022,
p. 1).

# EN 21 EN

performance of their tasks and the exercise of their powers in accordance with that
Regulation.

(37) Since financial institutions and financial information service providers can be
established in different Member States and supervised by different competent
authorities, the application of this Regulation should be facilitated by close
cooperation among relevant competent authorities, through the mutual exchange of
information and the provision of assistance in the context of the relevant supervisory
activities.

(38) To ensure a level playing field in the area of sanctioning powers, Member States
should be required to provide for effective, proportionate and dissuasive
administrative sanctions, including periodic penalty payments, and administrative
measures for the infringement of provisions of this Regulation. Those administrative
sanctions, periodic penalty payments and administrative measures should meet certain
minimum requirements, including the minimum powers that should be vested on
competent authorities to be able to impose them, the criteria that competent authorities
should consider when imposing them, and the obligation to publish and report.
Member States should lay down specific rules and effective mechanisms regarding the
application of periodic penalty payments.

(39) In addition to administrative sanctions and administrative measures, competent
authorities should be empowered to impose periodic penalty payments on financial
information services providers and on those members of their management body who
are identified as responsible for an ongoing infringement or who are required to
comply with an order from an investigating competent authority. Since the purpose of
the periodic penalty payments is to compel natural or legal persons to comply with an
order from the competent authority to act, for example to accept to be interviewed or
to provide information, or to terminate an ongoing breach, the application of periodic
penalty payments should not prevent competent authorities from imposing subsequent
administrative sanctions for the same infringement. Unless otherwise provided for by
Member States, periodic penalty payments should be calculated on a daily basis.

(40) Irrespective of their denomination under national law, forms of expedited enforcement
procedure or settlement agreements are to be found in many Member States and are
used as an alternative to formal proceedings leading to imposing sanctions. An
expedited enforcement procedure usually starts after an investigation has been
concluded and the decision to start proceedings leading to imposing sanctions has been
taken. An expedited enforcement procedure is characterised by being shorter than a
formal one, due to simplified procedural steps. Under a settlement agreement usually
the parties subject to the investigation by a competent authority agree to end that
investigation early, in most cases by accepting liability for wrongdoing.

(41) While it does not appear appropriate to strive to harmonise at Union level such
expedited enforcement procedures, which were introduced by many Member States,
due to the varied legal approaches adopted at national level, it should be
acknowledged that such methods allow competent authorities that can apply them, to
handle infringement cases in a speedier, less costly and overall efficient way under
certain circumstances, and should therefore be encouraged. However, Member States
should not be obliged to introduce such enforcement methods in their legal framework
nor should competent authorities be compelled to use them if they do not deem it

# EN 22 EN

appropriate. Where Member States choose to empower their competent authorities to
use such enforcement methods, they should notify the Commission of such decision
and of the relevant measures regulating such powers.

(42) National competent authorities should be empowered by Member States to impose
such administrative sanctions and administrative measures to financial information
service providers and other natural or legal persons where relevant to remedy the
situation in the case of infringement. The range of sanctions and measures should be
sufficiently broad to allow Member States and competent authorities to take account of
the differences between financial information service providers, as regards their size,
characteristics and the nature of their business.

(43) The publication of an administrative penalty or measure for infringement of provisions
of this Regulation can have a strong dissuasive effect against repetition of such
infringement. Publication also informs other entities of the risks associated with the
sanctioned financial information service provider before entering into a business
relationship and assists competent authorities in other Member States in relation to the
risks associated with a financial information service provider when it operates in their
Member States on a cross-border basis. For those reasons, the publication of decisions
on administrative penalties and administrative measures should, be allowed as long as
it concerns legal persons. In taking a decision whether to publish an administrative
penalty or administrative measure, competent authorities should take into account the
gravity of the infringement and the dissuasive effect that the publication is likely to
produce. However, any such publication referred to natural persons may impinge on
their rights stemming from the Charter of Fundamental Rights and the applicable
Union data protection legislation in a disproportionate manner. Publication should
occur in an anonymised way unless the competent authority deems it necessary to
publish decisions containing personal data for the effective enforcement of this
Regulation, including in the case of public statements or temporary bans. In such cases
the competent authority should justify its decision.

(44) The exchange of information and the provision of assistance between competent
authorities of the Member States is essential for the purposes of this Regulation.
Consequently, cooperation between authorities should not be subject to unreasonable
restrictive conditions.

(45) The cross-border access to data by information service providers should be allowed
pursuant to the freedom to provide services or the freedom of establishment. A
financial information service provider wishing to have access to data held by a data
holder in another Member State, should notify its intention to its competent authority,
providing information on the type of data it wishes to access, the financial data sharing
scheme of which it is a member and the Member States in which it intends to access

the data.

(46) The objectives of this Regulation, namely giving effective control of data to the
customer and addressing the lack of rights of access to customer data held by data
holders, cannot be sufficiently achieved by the Member States given their cross-border
nature but can rather be better achieved at Union level, by means of the creation of a
framework through which a larger cross-border market with data access could be
developed. The Union may adopt measures, in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance

# EN 23 EN

with the principle of proportionality as set out in that Article, this Regulation does not
go beyond what is necessary in order to achieve those objectives.

(47) The proposal for a Data Act [Regulation (EU) XX] establishes a horizontal framework
for access to and use of data across the Union. This Regulation complements and
specifies the rules laid down in the proposal for a Data Act [Regulation (EU) XX]
Therefore those rules also apply to the sharing of data governed by this Regulation.
This includes provisions on the conditions under which data holders make data
available to data recipients, on compensation, dispute settlement bodies to facilitate
agreements between data sharing parties, technical protection measures, international
access and transfer of data and on authorised use or disclosure of data.

(48) Regulation (EU) 2016/679 applies when personal data are processed. It provides for
the rights of a data subject, including the right of access and right to port personal data.
This Regulation is without prejudice to the rights of a data subject provided under
Regulation (EU) 2016/679, including the right of access and right to data portability.
This Regulation creates a legal obligation to share customer personal and non-personal
data upon customer’s request and mandates the technical feasibility of access and
sharing for all types of data within the scope of this Regulation. The granting of
permission by a customer is without prejudice to the obligations of data users under
Article 6 of Regulation (EU) 2016/679. Personal data that are made available and
shared with a data user should only be processed for services provided by a data user
where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and,
when applicable, where the requirements of Article 9 of that Regulation on the
processing of special categories of data are met.

(49) This Regulation builds upon and complements the ‘open banking’ provisions under
Directive (EU) 2015/2366 and is fully consistent with Regulation (EU) …/202.. of the
European Parliament and of the Council on payment services and amending
Regulation (EU) No 1093/2010 [19] and Directive (EU) …/202.. of the European
Parliament and of the Council on payment services and electronic money services
amending Directives 2013/36/EU and 98/26/EC and repealing Directives
2015/2355/EU and 2009/110/EC [20] . The initiative complements the already existing
‘open banking’ provisions under Directive (EU) 2015/2366 that regulate access to
payment account data held by account servicing payment service providers. It builds
on the lessons learned on ‘open banking’ as identified in the review of Directive
2015/2366/EU. [21] This Regulation ensures coherence between financial data access and
open banking where additional measures are necessary, including on permission
dashboards, the legal obligations to grant direct access to customer data, and the
requirement for data holders to put in place interfaces.

(50) This Regulation does not affect the provisions related to data access and data sharing
in Union financial services legislation, namely the following: (i) the provisions on
access to benchmarks and the access regime for exchange-traded derivatives between
trading venues and Central Counterparties laid down in Regulation (EU) No 600/2014

19 Regulation (EU) … (OJ ….)
20 Directive (EU) … (OJ…).
21 Report from the Commission on the review of Directive 2015/2366/EU of the European Parliament and
of the Council on payment services in the internal market

# EN 24 EN

of the European Parliament and of the Council [22] ; (ii) the rules on access of creditors to
the database under Directive 2014/17/EU of the European Parliament and of the
Council [23] ; (iii) the rules on access to securitisation repositories under Regulation (EU)
2017/2402 of the European Parliament and of the Council [24] ; (iv) the rules on the right
to request from the insurer a claims history statement and on the access to central
repositories to basic data necessary for the settlement of claims under Directive
2009/103/EC of the European Parliament and of the Council [25] ; (v) the right to access
and transfer all necessary personal data to a new pan-European Personal Pension
Product provider under Regulation (EU) 2019/1238 of the European Parliament and of
the Council [26] ; and (vi) the provisions on outsourcing and reliance under Directive
(EU) 2018/843 of the European Parliament and of the Council [27] . Furthermore, this
Regulation does not affect the application of EU or national rules of competition of the
Treaty on the Functioning of the European Union and any secondary Union acts. This
Regulation is also without prejudice to accessing, sharing and using data without
making use of the data access obligations established by this Regulation on a purely
contractual basis.

(51) As the sharing of data related to payment accounts is regulated under a different
regime set out in Directive (EU) 2015/2366, it is deemed appropriate to set, in this
Regulation, a review clause for the Commission to examine whether the introduction
of the rules under this Regulation impacts the way AISPs access data and whether it
would be appropriate to streamline the rules governing the sharing of data applicable
to AISPs.

(52) Given that EBA, EIOPA and ESMA should be mandated to make use of their powers
in relation to financial information service providers, it is necessary to ensure that they
are able to exercise all of their powers and tasks in order to fulfil their objectives of
protecting the public interest by contributing to the short, medium and long-term
stability and effectiveness of the financial system, for the Union economy, its citizens

22 Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on
markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173 12.6.2014, p.
84).

23 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit
agreements for consumers relating to residential immovable property and amending Directives
2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 060 28.2.2014, p. 34).

24 Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying
down a general framework for securitisation and creating a specific framework for simple, transparent
and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU
and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347 28.12.2017, p. 35).
25 Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to
insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the
obligation to insure against such liability (OJ L 263, 7.10.2009, p. 11).

26 Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a panEuropean Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1).

27 Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending
Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money
laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (OJ L 156,
19.6.2018, p. 43).

# EN 25 EN

and businesses and to ensure that financial information service providers are covered
by Regulations (EU) No 1093/2010 [28], (EU) No 1094/2010 [29] and (EU) No 1095/2010 [30]
of the European Parliament and of the Council. Those Regulations should therefore be
amended accordingly.

(53) The date of application of this Regulation should be deferred by XX months in order
to allow for the adoption of regulatory technical standards and delegated acts that are
necessary to specify certain elements of this Regulation.

_**(54)**_ The European Data Protection Supervisor was consulted in accordance with Article
42(2) of Regulation (EU) 2018/1725 of the European Parliament and of the Council [31]
and delivered an opinion on [……….]

HAVE ADOPTED THIS REGULATION:

### **TITLE I** **S UBJECT M ATTER, S COPE, AND D EFINITIONS**

_Article 1_
_Subject matter_

This Regulation establishes rules on the access, sharing and use of certain categories of
customer data in financial services.

This Regulation also establishes rules concerning the authorisation and operation of financial
information service providers.

_Article 2_

_Scope_

1. This Regulation applies to the following categories of customer data on:

28 Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010
establishing a European Supervisory Authority (European Banking Authority), amending Decision No
716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
29 Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010
establishing a European Supervisory Authority (European Insurance and Occupational Pensions
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ
L 331, 15.12.2010, p. 48).

30 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010
establishing a European Supervisory Authority (European Securities and Markets Authority), amending
Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p.
84).
31 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

# EN 26 EN

(a) mortgage credit agreements, loans and accounts, except payment accounts as
defined in the Payment Services Directive (EU) 2015/2366, including data on
balance, conditions and transactions;

(b) savings, investments in financial instruments, insurance-based investment
products, crypto-assets, real estate and other related financial assets as well as
the economic benefits derived from such assets; including data collected for the
purposes of carrying out an assessment of suitability and appropriateness in
accordance with Article 25 of Directive 2014/65/EU of the European
Parliament and of the Council [32] ;

(c) pension rights in occupational pension schemes, in accordance with Directive
2009/138/EC and Directive (EU) 2016/2341 of the European Parliament and of
the Council [33] ;

(d) pension rights on the provision of pan-European personal pension products, in
accordance with Regulation (EU) 2019/1238;

(e) non-life insurance products in accordance with Directive 2009/138/EC, with
the exception of sickness and health insurance products; including data
collected for the purposes of a demands and needs assessment in accordance
with Article 20 of Directive (EU) 2016/97 of the European Parliament and
Council [34], and data collected for the purposes of an appropriateness and
suitability assessment in accordance with Article 30 of Directive (EU) 2016/97.

(f) data which forms part of a creditworthiness assessment of a firm which is
collected as part of a loan application process or a request for a credit rating.

2. This Regulation applies to the following entities when acting as data holders or data

users:

(a) credit institutions;

(b) payment institutions, including account information service providers and
payment institutions exempted pursuant to Directive (EU) 2015/2366;

32 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in
financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L
173, 12.6.2014, p. 349).

33 Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the
activities and supervision of institutions for occupational retirement provision (IORPs) (recast) (OJ L
354, 23.12.2016, p. 37).

34 Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance

–
distribution (recast) (OJ L 26, 2.2.2016, p. 19 5)

# EN 27 EN

(c) electronic money institutions, including electronic money institutions exempted
pursuant to Directive 2009/110/EC of the European Parliament and of the
Council [35] ;

(d) investment firms;

(e) crypto-asset service providers;

(f) issuers of asset-referenced tokens;

(g) managers of alternative investment funds;

(h) management companies of undertakings for collective investment in
transferable securities;

(i) insurance and reinsurance undertakings;

(j) insurance intermediaries and ancillary insurance intermediaries;

(k) institutions for occupational retirement provision;

(l) credit rating agencies;

(m) crowdfunding service providers;

(n) PEPP providers;

(o) financial information service providers

3. This Regulation shall not apply to the entities referred to in Article 2(3), points (a) to
(e), of Regulation (EU) 2022/2554.

4. This Regulation does not affect the application of other Union legal acts regarding
access to and sharing of customer data referred to in paragraph 1, unless specifically
provided for in this Regulation.

_Article 3_
_Definitions_

For the purposes of this Regulation, the following definitions apply:

(1) ‘consumer’ means a natural person who is acting for purposes other than his or her
trade, business or profession;

(2) ‘customer’ means a natural or a legal person who makes use of financial products
and services;

35 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the
taking up, pursuit and prudential supervision of the business of electronic money institutions amending
Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p.
7).

# EN 28 EN

(3) ‘customer data’ means personal and non-personal data that is collected, stored and
otherwise processed by a financial institution as part of their normal course of
business with customers which covers both data provided by a customer and data
generated as a result of customer interaction with the financial institution;

(4) ‘competent authority’ means the authority designated by each Member State in
accordance with Article 17 and for financial institutions it means any of the
competent authorities listed in Article 46 of Regulation (EU) 2022/2554;

(5) ‘data holder’ means a financial institution other than an account information service
provider  that collects, stores and otherwise processes the data listed in Article 2(1) ;

(6) ‘data user’ means any of the entities listed in Article 2(2) who, following the
permission of a customer, has lawful access to customer data listed in Article 2(1) ;

(7) ‘financial information service provider’ means a data user that is authorised under
Article 14 to access the customer data listed in Article 2(1) for the provision of
financial information services;

(8) ‘financial institution’ means the entities listed in Article 2(2) points (a) to (n), who
are either data holders, data users or both for the purposes of this Regulation.

(9) ‘investment account’ means any register managed by an investment firm, credit
institution or an insurance broker about the current holdings in financial instruments
or insurance-based investment products of their client, including past transactions
and other data points relating to lifecycle events of that instrument

(10) ‘non-personal data’ means data other than personal data as defined in Article 4(1) of
Regulation (EU) 2016/679;

(11) ‘personal data’ means personal data as defined in Article 4(1) of Regulation
2016/679;

(12) ‘credit institution’ means a credit institution as defined in Article 4(1), point (1), of
Regulation (EU) No 575/2013 of the European Parliament and of the Council [36] ;

(13) ‘investment firm’ means an investment firm as defined in Article 4(1), point (1), of
Directive 2014/65/EU;

(14) ‘crypto asset service provider’ means a crypto asset service providers as referred to
in Article 3(1), point (15) of Regulation (EU) 2023/1114 of the European Parliament
and of the Council [37] ;

36 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on
prudential requirements for credit institutions and investment firms and amending Regulation (EU) No
648/2012 (OJ L 176, 27.6.2013, p. 1).

37 Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets
in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives
2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p. 40).

# EN 29 EN

(15) ‘issuer of asset referenced tokens’ means an issuer of asset referenced tokens
authorised under Article 21 of Regulation (EU) 2023/1114;

(16) ‘payment institution’ means a payment institution as defined in Article 4(4), of
Directive (EU) 2015/2366;

(17) ‘account information service provider’ means an account information service
provider as referred to in Article 33(1) of Directive (EU) 2015/2366;

(18) ‘electronic money institution’ means an electronic money institution as defined in
Article 2(1), of Directive 2009/110/EC;

(19) ‘electronic money institution exempted pursuant to Directive 2009/110/EC’ means
an electronic money institution benefitting from a waiver as referred to in Article
9(1) of Directive 2009/110/EC;

(20) ‘manager of alternative investment funds’ means a manager of alternative investment
funds as defined in Article 4(1), point (b), of Directive 2011/61/EU of the European
Parliament and of the Council [38] ;

(21) ‘management company of undertakings for collective investment in transferable
securities’ means a management company as defined in Article 2(1), point (b), of
Directive 2009/65/EC of the European Parliament and of the Council [39] ;

(22) ‘insurance undertaking’ means an insurance undertaking as defined in Article 13(1)
of Directive 2009/138/EC;

(23) ‘reinsurance undertaking’ means a reinsurance undertaking as defined in Article
13(4) of Directive 2009/138/EC;

(24) ‘insurance intermediary’ means an insurance intermediary as defined in Article 2(1),
point (3), of Directive (EU) 2016/97 of the European Parliament and of the
Council [40] ;

(25) ‘ancillary insurance intermediary’ means an ancillary insurance intermediary as
defined in Article 2(1), point (4), of Directive (EU) 2016/97;

(26) ‘institution for occupational retirement provision’ means an institution for
occupational retirement provision as defined in Article 6(1), of Directive (EU)
2016/2341;

38 Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative
Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations
(EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1).

39 Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the
coordination of laws, regulations and administrative provisions relating to undertakings for collective
investment in transferable securities (UCITS) (recast) (OJ L 302, 17.11.2009, p. 32).

40 Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance
distribution (recast) (OJ L 26, 2.2.2016, p. 19).

# EN 30 EN

(27) ‘credit rating agency’ means a credit rating agency as defined in Article 3(1), point
(b), of Regulation (EC) No 1060/2009 of the European Parliament and of the
Council [41] ;

(28) “PEPP provider” means a PEPP provider as defined in Article 2, point (15) of
Regulation (EU) 2019/1238 of the European Parliament and of the Council;

(29) ‘legal representative’ means a natural person domiciled in the Union or a legal
person with its registered office in the Union, and which, expressly designated by a
financial information service provider established in a third country, acts on behalf of
such financial information service provider vis-à-vis the authorities, clients, bodies
and counterparties to the financial information service provider in the Union with
regard to the financial information service provider’s obligations under this
Regulation;

### **TITLE II** **D ATA A CCESS**

_Article 4_
_Obligation to make available data to the customer_

The data holder shall, upon request from a customer submitted by electronic means, make the
data listed in Article 2(1) available to the customer without undue delay, free of charge,
continuously and in real-time.

_Article 5_
_Obligations on a data holder to make customer data available to a data user_

1. The data holder shall, upon request from a customer submitted by electronic means,
make available to a data user the customer data listed in Article 2(1) for the purposes
for which the customer has granted permission to the data user. The customer data
shall be made available to the data user without undue delay, continuously and in
real-time.

2. A data holder may claim compensation from a data user for making customer data
available pursuant to paragraph 1 only if the customer data is made available to a
data user in accordance with the rules and modalities of a financial data sharing
scheme, as provided in Articles 9 and 10, or if it is made available pursuant to Article
11.

3. When making data available pursuant to paragraph 1, the data holder shall:

41 Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009
on credit rating agencies (OJ L 302, 17.11.2009, p. 1).

# EN 31 EN

(a) make customer data available to the data user in a format based on generally
recognised standards and at least in the same quality available to the data
holder;

(b) communicate securely with the data user by ensuring an appropriate level of
security for the processing and transmission of customer data;

(c) request data users to demonstrate that they have obtained the permission of the
customer to access the customer data held by the data holder;

(d) provide the customer with a permission dashboard to monitor and manage
permissions in accordance with Article 8.

(e) respect the confidentiality of trade secrets and intellectual property rights when
customer data is accessed in accordance with Article 5(1).

_Article 6_
_Obligations on a data user receiving customer data_

1. A data user shall only be eligible to access customer data pursuant to Article 5(1) if
that data user is subject to prior authorisation by a competent authority as a financial
institution or is a financial information service provider pursuant to Article 14.

2. A data user shall only access customer data made available under Article 5(1) for the
purposes and under the conditions for which the customer has granted its permission.
A data user shall delete customer data when it is no longer necessary for the purposes
for which the permission has been granted by a customer.

3. A customer may withdraw the permission it has granted to a data user. When
processing is necessary for the performance of a contract, a customer may withdraw
the permission it has granted to make customer data available to a data user
according to the contractual obligations to which it is subject.

4. To ensure the effective management of customer data, a data user shall:

(a) not process any customer data for purposes other than for performing the
service explicitly requested by the customer;

(b) respect the confidentiality of trade secrets and intellectual property rights when
customer data is accessed in accordance with Article 5(1);

(c) put in place adequate technical, legal and organisational measures in order to
prevent the transfer of or access to non-personal customer data that is unlawful
under Union law or the national law of a Member State;

(d) take necessary measures to ensure an appropriate level of security for the
storage, processing and transmission of non-personal customer data;

(e) not process customer data for advertising purposes, except for direct marketing
in accordance with Union and national law;

# EN 32 EN

(f) where the data user is part of a group of companies, customer data listed in
Article 2(1) shall only be accessed and processed by the entity of the group that
acts as a data user.

### **TITLE III** **R ESPONSIBLE D ATA U SE AND PERMISSION DASHBOARDS**

_Article 7_

_Data use perimeter_

1. The processing of customer data referred to in Article 2(1) of this Regulation that
constitutes personal data shall be limited to what is necessary in relation to the
purposes for which they are processed.

2. In accordance with Article 16 of Regulation (EU) No 1093/2010, the European
Banking Authority (EBA) shall develop guidelines on the implementation of
paragraph 1 of this Article for products and services related to the credit score of the

consumer.

3. In accordance with Article 16 of Regulation (EU) No 1094/2010, the European
Insurance and Occupational Pensions Authority (EIOPA) shall develop guidelines on
the implementation of paragraph 1 of this Article for products and services related to
risk assessment and pricing of a consumer in the case of life, health and sickness
insurance products.

4. When preparing the guidelines referred to in paragraphs 2 and 3 of this Article,
EIOPA and EBA shall closely cooperate with the European Data Protection Board
established by Regulation (EU) 2016/679.

_Article 8_
_Financial Data Access permission dashboards_

1. A data holder shall provide the customer with a permission dashboard to monitor and
manage the permissions a customer has provided to data users.

2. A permission dashboard shall:

(a) provide the customer with an overview of each ongoing permission given to
data users, including:

(i) the name of the data user to which access has been granted

(ii) the customer account, financial product or financial service to which
access has been granted;

(iii) the purpose of the permission;

(iv) the categories of data being shared;

(v) the period of validity of the permission;

# EN 33 EN

(b) allow the customer to withdraw a permission given to a data user;

(c) allow the customer to re-establish any permission withdrawn;

(d) include a record of permissions that have been withdrawn or have expired for a
duration of two years.

3. The data holder shall ensure that the permission dashboard is easy to find in its user
interface and that information displayed on the dashboard is clear, accurate and
easily understandable for the customer.

4. The data holder and the data user for which permission has been granted by a
customer shall cooperate to make information available to the customer via the
dashboard in real-time. To fulfil the obligations in paragraph 2 points (a), (b), (c) and
(d) of this Article:

(a) The data holder shall inform the data user of changes made to a permission
concerning that data user made by a customer via the dashboard.

(b) A data user shall inform the data holder of a new permission granted by a
customer regarding customer data held by that data holder, including:

(i) the purpose of the permission granted by the customer;

(ii) the period of validity of the permission

(iii) the categories of data concerned.

### **TITLE IV** **F INANCIAL D ATA S HARING S CHEMES**

_Article 9_
_Financial data sharing scheme membership_

1. Within 18 months from the entry into force of this Regulation, data holders and data
users shall become members of a financial data sharing scheme governing access to
the customer data in compliance with Article 10.

2. Data holders and data users may become members of more than one financial data
sharing schemes.

Any sharing of data shall be made in accordance with the rules and modalities of a
financial data sharing scheme of which both the data user and the data holder are
members.

_Article 10_
_Financial data sharing scheme governance and content_

1. A financial data sharing scheme shall include the following elements:

# EN 34 EN

(a) the members of a financial data sharing scheme shall include:

(i) data holders and data users representing a significant proportion of the
market of the product or service concerned, with each side having fair
and equal representation in the internal decision-making processes of the
scheme as well as equal weight in any voting procedures; where a
member is both a data holder and data user, its membership shall be
counted equally towards both sides;

(ii) customer organisations and consumer associations.

(b) the rules applicable to the financial data sharing scheme members shall apply
equally to all the members and there shall be no unjustified favourable or
differentiated treatment between members;

(c) the membership rules of a financial data sharing scheme shall ensure that the
scheme is open to participation by any data holder and data user based on
objective criteria and that all members shall be treated in a fair and equal

manner;

(d) a financial data sharing scheme shall not impose any controls or additional
conditions for the sharing of data other than those provided in this Regulation
or under other applicable Union law;

(e) a financial data sharing scheme shall include a mechanism through which its
rules can be amended, following an impact analysis and the agreement of the
majority of each community of data holders and data users respectively;

(f) a financial data sharing scheme shall include rules on transparency and where
necessary, reporting to its members;

(g) a financial data sharing scheme shall include the common standards for the
data and the technical interfaces to allow customers to request data sharing in
accordance with Article 5(1). The common standards for the data and technical
interfaces that scheme members agree to use may be developed by scheme
members or by other parties or bodies;

(h) a financial data sharing scheme shall establish a model to determine the
maximum compensation that a data holder is entitled to charge for making data
available through an appropriate technical interface for data sharing with data
users in line with the common standards developed under point (g). The model
shall be based on the following principles:

(i) it should be limited to reasonable compensation directly related to
making the data available to the data user and which is attributable to the
request;

(ii) it should be based on an objective, transparent and non-discriminatory
methodology agreed by the scheme members;

# EN 35 EN

(iii) it should be based on comprehensive market data collected from data

users and data holders on each of the cost elements to be considered,
clearly identified in line with the model;

(iv) it should be periodically reviewed and monitored to take account of

technological progress;

(v) it should be devised to gear compensation towards the lowest levels
prevalent on the market; and

(vi) it should be limited to the requests for customer data under Article 2(1)

or proportionate to the related datasets in the scope of that Article in the
case of combined data requests.

Where the data user is a micro, small or medium enterprise, as defined in
Article 2 of the Annex to Commission Recommendation 2003/361/EC of 6
May 2003 [42], any compensation agreed shall not exceed the costs directly
related to making the data available to the data recipient and which are
attributable to the request.

(i) a financial data sharing scheme shall determine the contractual liability of its
members, including in case the data is inaccurate, or of inadequate quality, or
data security is compromised or the data are misused. In case of personal data,
the liability provisions of the financial data sharing scheme shall be in
accordance with the provisions in Regulation (EU) 2016/679;

(j) a financial data sharing scheme shall provide for an independent, impartial,
transparent and effective dispute resolution system to resolve disputes among
scheme members and membership issues, in accordance with the quality
requirements laid down by Directive 2013/11/EU of the European Parliament
and of the Council [43] .

2. Membership in financial data sharing schemes shall remain open to new members on
the same terms and conditions as those for existing members at any time.

3. A data holder shall communicate to the competent authority of the Member State of
its establishment the financial data sharing schemes it is part of, within one month of
joining a scheme.

4. A financial data sharing scheme set up in accordance with this Article shall be
notified to the competent authority of establishment of the three most significant data
holders which are members of that scheme at the time of establishment of the
scheme. Where the three most significant data holders are established in different
Member States, or where there is more than one competent authority in the Member

42 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and mediumsized enterprises (C(2003) 1422) OJ L 124, 20.5.2003, p. 36.

43 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative
dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive
2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).

# EN 36 EN

State of establishment of the three most significant data holders, the scheme shall be
notified to all of these authorities which shall agree among themselves which
authority shall carry out the assessment referred to in paragraph 6.

5. The notification in accordance with paragraph 4 shall take place within 1 month of
setting up the financial data sharing scheme and shall include its governance
modalities and characteristics in accordance with paragraph 1.

6. Within 1 month of receipt of the notification pursuant to paragraph 4, the competent
authority shall assess whether the financial data sharing scheme’s governance
modalities and characteristics are in compliance with paragraph 1. When assessing
the compliance of the financial data sharing scheme with paragraph 1, the competent
authority may consult other competent authorities.

Upon completion of its assessment, the competent authority shall inform EBA of a
notified financial data sharing scheme that satisfies the provisions of paragraph 1. A
scheme notified to EBA in accordance with this paragraph shall be recognised in all
the Member States for the purpose of accessing data pursuant to Article 5(1) and
shall not require further notification in any other Member State.

_Article 11_
_Empowerment for Delegated Act in the event of absence of a financial data sharing scheme_

In the event that a financial data sharing scheme is not developed for one or more categories
of customer data listed in Article 2(1) and there is no realistic prospect of such a scheme being
set up within a reasonable amount of time, the Commission is empowered to adopt a
delegated act in accordance with Article 30 to supplement this Regulation by specifying the
following modalities under which a data holder shall make available customer data pursuant
to Article 5(1) for that category of data:

(a) common standards for the data and, where appropriate, the technical interfaces
to allow customers to request data sharing under Article 5(1);

(b) a model to determine the maximum compensation that a data holder is entitled
to charge for making data available;

(c) the liability of the entities involved in making the customer data available.

# EN 37 EN

### **TITLE V** **E LIGIBILITY FOR D ATA A CCESS AND O RGANISATION**

_Article 12_
_Application for authorisation of financial information service providers_

1. A financial information service provider shall be eligible to access customer data
under Article 5(1) if it is authorised by the competent authority of a Member State.

2. A financial information service provider shall submit an application for authorisation
to the competent authority of the Member State of establishment of its registered
office, together with the following:

(a) a programme of operations setting out in particular the type of access to data
envisaged;

(b) a business plan including a forecast budget calculation for the first 3 financial
years which demonstrates that the applicant is able to employ the appropriate
and proportionate systems, resources and procedures to operate soundly;

(c) a description of the applicant’s governance arrangements and internal control
mechanisms, including administrative, risk management and accounting
procedures, as well as arrangements for the use of ICT services in accordance
with Regulation (EU) 2022/2554 of the European Parliament and of the
Council, which demonstrates that those governance arrangements, control
mechanisms and procedures are proportionate, appropriate, sound and
adequate;

(d) a description of the procedure in place to monitor, handle and follow up a
security incident and security related customer complaints, including an
incident reporting mechanism which takes account of the notification
obligations laid down in Chapter III of Regulation (EU) 2022/2554;

_**(e)**_ a description of business continuity arrangements including a clear
identification of the critical operations, effective ICT business continuity policy
and plans and ICT response and recovery plans, and a procedure to regularly
test and review the adequacy and efficiency of such plans in accordance with
Regulation (EU) 2022/2554;

(f) a security policy document, including a detailed risk assessment in relation to
its operations and a description of security control and mitigation measures
taken to adequately protect its customers against the risks identified, including
fraud;

(g) a description of the applicant’s structural organisation, as well as a description
of outsourcing arrangements;

(h) the identity of directors and persons responsible for the management of the
applicant and, where relevant, persons responsible for the management of the
data access activities of the applicant, as well as evidence that they are of good

# EN 38 EN

repute and possess appropriate knowledge and experience to access data as
determined in this Regulation;

(i) the applicant’s legal status and articles of association;

(j) the address of the applicant’s head office;

(k) where applicable, the written agreement between the financial information
service provider and the legal representative evidencing the appointment, the
extent of liability and the tasks to be carried out by the legal representative in
accordance with Article 13.

For the purposes of the first subparagraph, points (c), (d) and (g) the applicant shall
provide a description of its audit arrangements and the organizational arrangements it
has set up with a view to taking all reasonable steps to protect the interests of its
customers and to ensure continuity and reliability in the performance of its activities.

The security control and mitigation measures referred to in the first subparagraph,
point (f), shall indicate how the applicant will ensure a high level of digital
operational resilience in accordance with Chapter II of Regulation (EU) 2022/2554,
in particular in relation to technical security and data protection, including for the
software and ICT systems used by the applicant or the undertakings to which it
outsources the whole or part of its operations.

_**3.**_ Financial information service providers shall hold a professional indemnity insurance
covering the territories in which they access data, or some other comparable
guarantee, and shall ensure the following:

_**(a)**_ an ability to cover their liability resulting from non-authorised or fraudulent
access to or non-authorised or fraudulent use of data;

_**(b)**_ an ability to cover the value of any excess, threshold or deductible from the
insurance or comparable guarantee;

_**(c)**_ monitoring of the coverage of the insurance or comparable guarantee on an
ongoing basis.

As an alternative to holding a professional indemnity insurance or other comparable
guarantee as required in the first sub-paragraph, the undertaking as referred in the
previous subparagraph shall hold initial capital of EUR 50 000, which can be replaced
by a professional indemnity insurance or other comparable guarantee after it
commences its activity as financial information service provider, without undue delay.

4. EBA in cooperation with ESMA and EIOPA shall, after consulting all relevant
stakeholders, develop draft regulatory technical standards specifying:

(a) the information to be provided to the competent authority in the application for
the authorisation of financial information service providers, including the
requirements laid down in paragraph 1, points (a) to (l);

_**(b)**_ a common assessment methodology for granting authorisation as a financial
information service provider, under this Regulation;

# EN 39 EN

(c) what is a comparable guarantee, as referred in paragraph 2, which should be
interchangeable with a professional indemnity insurance;

(d) the criteria on how to stipulate the minimum monetary amount of the
professional indemnity insurance or other comparable guarantee referred to in
paragraph 2.

In developing these regulatory technical standards, EBA shall take account of the
following:

_**(a)**_ the risk profile of the undertaking;

_**(b)**_ whether the undertaking provides other types of services or is engaged in other
business;

_**(c)**_ the size of the activity;

(d) the specific characteristics of comparable guarantees and the criteria for their
implementation.

EBA, shall submit those draft regulatory technical standards referred to in the first
subparagraph to the Commission by [OP please insert the date = 9 months after entry
into force of this Regulation].

Power is conferred to the Commission to adopt the regulatory technical standards
referred to in the first subparagraph of this paragraph in accordance with Articles 10
to 14 of Regulation 1093/2015.

In accordance with Article 10 of Regulation (EU 1093/2010, EBA shall review and if
appropriate, update these regulatory technical standards.

_Article 13_
_Legal representatives_

1. Financial information service providers that do not have an establishment in the
Union but that require access to financial data in the Union shall designate, in
writing, a legal or natural person as their legal representative in one of the Member
States from where the financial information service provider intends to access
financial data.

2. Financial information service providers shall mandate their legal representatives to
be addressed in addition to or instead of the financial information service provider by
the competent authorities on all issues necessary for the receipt of, compliance with
and enforcement of this Regulation. Financial information service providers shall
provide their legal representative with the necessary powers and resources to enable
them to cooperate with the competent authorities and ensure compliance with their
decisions.

3. The designated legal representative may be held liable for non-compliance with
obligations under this Regulation, without prejudice to the liability and legal actions
that could be initiated against the financial information service provider.

# EN 40 EN

4. Financial information service providers shall notify the name, address, the electronic
mail address and telephone number of their legal representative to the competent
authority in the Member State where that legal representative resides or is
established. They shall ensure that that information is up to date.

5. The designation of a legal representative within the Union pursuant to paragraph 1
shall not constitute an establishment in the Union.

_Article 14_
_Granting and withdrawal of authorisation of financial information service providers_

1. The competent authority shall grant an authorisation if the information and evidence
accompanying the application complies with of the requirements laid down in Article
11(1) and (2). Before granting an authorisation, the competent authority may, where
relevant, consult other relevant public authorities.

2. The competent authority shall authorise a third country financial information service
provider provided that all the following conditions are met:

(a) the third country financial information service provider has complied with all
conditions laid down in Article 12 and 16;

(b) the third country financial information service provider has designated a legal
representative pursuant to Article 13;

(c) where the third country financial information service provider is subject to
supervision, the competent authority shall seek to put in place an appropriate
cooperation arrangement with the relevant competent authority of the third
country where the financial information service provider is established, to
ensure an efficient exchange of information;

(d) the third country where the financial information service provider is established
is not listed as a non-cooperative jurisdiction for tax purposes under the
relevant Union policy or as a high-risk third-country jurisdiction that presents
deficiencies in accordance with Commission Delegated Regulation (EU)
2016/1675. [44]

3. The competent authority shall grant an authorisation only if, taking into account the
need to ensure the sound and prudent management of a financial information service
provider, the financial information service provider has robust governance
arrangements for its information service business. This includes a clear
organisational structure with well-defined, transparent and consistent lines of
responsibility, effective procedures to identify, manage, monitor and report the risks
to which it is or might be exposed, and adequate internal control mechanisms,
including sound administrative and accounting procedures. Those arrangements,
procedures and mechanisms shall be comprehensive and proportionate to the nature,

44 Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU)
2015/849 of the European Parliament and of the Council by identifying high-risk third countries with
strategic deficiencies

# EN 41 EN

scale and complexity of the information services provided by the financial
information service provider.

4. The competent authority shall grant an authorisation only if the laws, regulations or
administrative provisions governing one or more natural or legal persons with which
the financial information service provider has close links, or difficulties involved in
the enforcement of those laws, regulations or administrative provisions, do not
prevent the effective exercise of its supervisory functions.

5. The competent authority shall grant an authorisation only if it is satisfied that any
outsourcing arrangements will not render the financial information service provider a
letterbox entity or that they are not undertaken as a means to circumvent the
provisions of this Regulation.

6. Within 3 months of receipt of an application or, if the application is incomplete, of
all of the information required for the decision, the competent authority shall inform
the applicant whether the authorisation is granted or refused. The competent
authority shall give reasons where it refuses an authorisation.

7. The competent authority may withdraw an authorisation issued to a financial
information service provider only if the provider:

(a) does not make use of the authorisation within 12 months, expressly renounces
the authorisation or has ceased to engage in business for more than 6 months;

(b) has obtained the authorisation through false statements or any other irregular

means;

(c) no longer meets the conditions for granting the authorisation or fails to inform
the competent authority on major developments in this respect;

(d) would constitute a risk to consumer protection and the security of data.

The competent authority shall give reasons for any withdrawal of an authorisation
and shall inform those concerned accordingly. The competent authority shall make
public the withdrawal of an authorisation, in an anonymised version.

_Article 15_

_Register_

1. EBA shall develop, operate and maintain an electronic central register which
contains the following information:

(a) the authorised financial information service providers.

(b) the financial information service providers that have notified their intention to
access data in a Member State other than their home Member State.

(c) the financial data sharing schemes agreed between data holders and data users.

2. The register referred to in paragraph 1 shall only contain anonymised data.

# EN 42 EN

3. The register shall be publicly available on EBA’s website and shall allow for easy
searching and accessing the information listed.

4. EBA shall enter in the register referred to in paragraph 1 any withdrawal of
authorisation of financial information service providers or termination of a financial
data sharing scheme.

5. The competent authorities of Member States shall communicate without delay to
EBA the information necessary to fulfil its tasks pursuant to paragraphs 1 and 3.
Competent authorities shall be responsible for the accuracy of the information
specified in paragraphs 1 and 3 and for keeping that information up to date. They
shall, where technically possible, transmit this information to EBA in an automated

way.

_Article 16_

_Organisational requirements for financial information service providers_

A financial information service provider shall comply with the following organisational
requirements:

(a) it shall establish policies and procedures sufficient to ensure its compliance,
including its managers and employees with its obligations under this Regulation;

(b) it shall take reasonable steps to ensure continuity and regularity in the performance
of its activities. To that end the financial information service provider shall employ
appropriate and proportionate systems, resources and procedures to ensure the
continuity of its critical operations, have in place contingency plans and a procedure
to test and review regularly the adequacy and efficiency of such plans;

(c) when relying on a third party for the performance of functions which are critical for
the provision of continuous and satisfactory service to customers and the
performance of activities on a continuous and satisfactory basis, that it takes
reasonable steps to avoid undue additional operational risk. Outsourcing of important
operational functions may not be undertaken in such a way as to impair materially
the quality of its internal control and the ability of the supervisor to monitor the
financial information service provider’s compliance with all obligations;

(d) it shall have sound governance, administrative and accounting procedures, internal
control mechanisms, effective procedures for risk assessment and management, and
effective control and safeguard arrangements for information processing systems;

(e) its directors and persons responsible for its management as well as the persons
responsible for the management of the data access activities of the financial
information service provider are of good repute and possess appropriate knowledge,
skills and experience, both individually and collectively, to perform their duties;

(f) it shall establish and maintain effective and transparent procedures for the prompt,
fair and consistent monitoring, handling and follow up of a security incident and
security related customer complaints, including a reporting mechanism which takes
account of the notification obligations laid down in Chapter III of Regulation (EU)
2022/2554;

# EN 43 EN

### **TITLE VI** **C OMPETENT AUTHORITIES AND S UPERVISION F RAMEWORK**

_Article 17_
_Competent authorities_

1. Member States shall designate the competent authorities responsible for carrying out
the functions and duties provided for in this Regulation. Member States shall notify
those competent authorities to the Commission.

2. Member States shall ensure that the competent authorities designated under
paragraph 1 possess all the powers necessary for the performance of their duties.

Member States shall ensure that those competent authorities have the necessary
resources, notably in terms of dedicated staff, in order to comply with their tasks as
per the obligations under this Regulation.

3. Member States who have appointed within their jurisdiction more than one
competent authority for matters covered by this Regulation shall ensure that those
authorities cooperate closely so that they can discharge their respective duties
effectively.

4. For financial institutions, compliance with this Regulation shall be ensured by the
competent authorities specified in Article 46 of Regulation (EU) 2022/2554 in
accordance with the powers granted by the respective legal acts listed in that Article,
and by this Regulation.

_Article 18_
_Powers of competent authorities_

1. Competent authorities shall have all the investigatory powers necessary for the
exercise of their functions. Those powers shall include:

(a) the power to require any natural or legal persons to provide all information that
is necessary in order to carry out the tasks of the competent authorities,
including information to be provided at recurrent intervals and in specified
formats for supervisory and related statistical purposes;

(b) the power to conduct all necessary investigations of any person referred to in
point (a) established or located in the Member State concerned where
necessary to carry out the tasks of the competent authorities, including the
power to:

(i) require the submission of documents;

(ii) examine the data in any form, including the books and records of the
persons referred to in point (a) and take copies or extracts from such
documents;

# EN 44 EN

(iii) obtain written or oral explanations from any person referred to in point

(a) or their representatives or staff, and, if necessary, to summon and
question any such person with a view to obtaining information;

(iv) interview any other natural person who agrees to be interviewed for the

purpose of collecting information relating to the subject matter of an
investigation;

(v) subject to other conditions set out in Union law or in national law, the
power to conduct necessary inspections at the premises of the legal
persons and at sites other than the private residence of natural persons
referred to in point (a), as well as of any other legal person included in
consolidated supervision where a competent authority is the
consolidating supervisor, subject to prior notification of the competent
authorities concerned.

(vi) to enter the premises of natural and legal persons, in line with national

law, in order to seize documents and data in any form where a reasonable
suspicion exists that documents or data relating to the subject matter of
the inspection or investigation may be necessary and relevant to prove a
case of breach of provisions of this Regulation;

(vii) to require, insofar as permitted by national law, existing data traffic

records held by a telecommunications operator, where there is a
reasonable suspicion of a breach and where such records may be relevant
to the investigation of a breach of this Regulation;

(viii) to request the freezing or sequestration of assets, or both;

(ix) to refer matters for criminal investigation;

(c) in the absence of other available means to bring about the cessation or the
prevention of any breach of this Regulation and in order to avoid the risk of
serious harm to the interests of consumers, competent authorities shall be
entitled to take any of the following measures, including by requesting a third
party or other public authority to implement them:

(i) to remove content or to restrict access to an online interface or to order
that a warning is explicitly displayed to customers when they access an
online interface;

(ii) to order a hosting service provider to remove, disable or restrict access to
an online interface;

(iii) to order domain registries or registrars to delete a fully qualified domain

name and to allow the competent authority concerned to record such
deletion.

The implementation of this paragraph and the exercise of powers set out therein shall
be proportionate and comply with Union and national law, including with applicable
procedural safeguards and with the principles of the Charter of Fundamental Rights
of the European Union. The investigation and enforcement measures adopted

# EN 45 EN

pursuant to this Regulation shall be appropriate to the nature and the overall actual or
potential harm of the infringement.

2. Competent authorities shall exercise their powers to investigate potential breaches of
this Regulation, and impose administrative penalties and other administrative
measures provided for in this Regulation, in any of the following ways:

(a) directly;

(b) in collaboration with other authorities;

(c) by delegating powers to other authorities or bodies;

(d) by having recourse to the competent judicial authorities of a Member State.

Where competent authorities exercise their powers by delegating to other authorities
or bodies in accordance withpoint (c), the delegation of power shall specify the
delegated tasks, the conditions under which they are to be carried out, and the
conditions under which the delegated powers may be revoked. The authorities or
bodies to which the powers are delegated shall be organised in such a manner that
conflicts of interest are avoided. Competent authorities shall oversee the activity of
the authorities or bodies to which the powers are delegated.

3. In the exercise of their investigatory and sanctioning powers, including in cross
border cases, competent authorities shall cooperate effectively with each other and
with the authorities from any sector concerned as applicable to each case and in
accordance with national and Union law, to ensure the exchange of information and
the mutual assistance necessary for the effective enforcement of administrative
sanctions and administrative measures.

_Article 19_
_Settlement agreements and expedited enforcement procedures_

1. Without prejudice to Article 20, Member States may lay down rules enabling their
competent authorities to close an investigation concerning an alleged breach of this
Regulation, following a settlement agreement in order to put an end to the alleged
breach and its consequences before formal sanctioning proceedings are started.

2. Member States may lay down rules enabling their competent authorities to close an
investigation concerning an established breach through an expedited enforcement
procedure in order to achieve a swift adoption of a decision aiming at imposing an
administrative sanction or administrative measure.

The empowerment of competent authorities to settle or open expedite enforcement
procedures does not affect the obligations upon Member States under Article 20.

3. Where Member States lay down the rules referred to in paragraph 1, they shall notify
the Commission of the relevant laws, regulations and administrative provisions
regulating the exercise of powers referred to in that paragraph and shall notify it of
any subsequent amendments affecting those rules.

# EN 46 EN

_Article 20_
_Administrative penalties and other administrative measures_

1. Without prejudice to the supervisory and investigative powers of competent
authorities listed in Article 18, Member States shall, in accordance with national law,
provide for competent authorities to have the power to take appropriate
administrative penalties and to take other administrative measures in relation to the
following infringements:

(a) infringements of Articles 4, 5 and 6;

(b) infringements of Articles 7 and 8;

(c) infringements of Article 9 and 10;

(d) infringements of Articles 13 and 16;

(e) infringements of Article 28.

2. Member States may decide not to lay down rules on administrative sanctions and
administrative measures applicable to breaches of this Regulation which are subject
to sanctions under national criminal law. In such a case, Member States shall notify
the Commission of the relevant criminal law provisions and any subsequent
amendments thereto.

3. Member States shall, in accordance with national law, ensure that competent
authorities have the power to impose the following administrative penalties and other
administrative measures in relation to the infringements referred to in paragraph 1:

(a) a public statement indicating the natural or legal person responsible and the
nature of the infringement;

(b) an order requiring the natural or legal person responsible to cease the conduct
constituting the infringement and to desist from a repetition of that conduct;

(c) the disgorgement of the profits gained or losses avoided due to the
infringement insofar as they can be determined;

(d) a temporary suspension of the authorisation of a financial information service
provider;

(e) a maximum administrative fine of at least twice the amount of the profits
gained or losses avoided because of the infringement where those can be
determined, even if such fine exceeds the maximum amounts set out in this
paragraph, point (f), as regards natural persons, or in paragraph 4 as regards
legal persons;

(f) in the case of a natural person, maximum administrative fines of up to EUR 25
000 per infringement and up to a total of EUR 250 000 per year, or, in the
Member States whose official currency is not the euro, the corresponding value
in the official currency of that Member State on ... [OP please insert the date of
entry into force of this Regulation].

# EN 47 EN

(g) a temporary ban of any member of the management body of the financial
information service provider _**,**_ or any other natural person who is held
responsible for the infringement, from exercising management functions in
financial information service providers;

(h) in the event of a repeated infringement of the articles referred to in paragraph
1, a ban of at least 10 years for any member of the management body of a
financial information service provider _**,**_ or any other natural person who is held
responsible for the infringement, from exercising management functions in a
financial information service provider.

4. Member States shall, in accordance with national law, ensure that competent
authorities have the power to impose, in relation to the infringements referred to in
paragraph 1 committed by legal persons, maximum administrative fines of:

(a) up to EUR 50 000 per infringement and up to a total of EUR 500 000 per year,
or, in the Member States whose official currency is not the euro, the
corresponding value in the official currency of that Member State on ... [OP
please insert the date of entry into force of this Regulation];

(b) 2% of the total annual turnover of the legal person according to the last
available financial statements approved by the management body;

Where the legal person referred to in the first subparagraph is a parent undertaking or
a subsidiary of a parent undertaking which is required to prepare consolidated
financial statements in accordance with Article 22 of Directive 2013/34/EU of the
European Parliament and of the Council [45], the relevant total annual turnover shall be
the net turnover or the revenue to be determined in accordance with the relevant
accounting standards, according to the consolidated financial statements of the
ultimate parent undertaking available for the latest balance sheet date, for which the
members of the administrative, management and supervisory body of the ultimate
undertaking have responsibility.

5. Member States may empower competent authorities to impose other types of
administrative penalties and other administrative measures in addition to those
referred to in paragraphs 3 and 4 and may provide for higher amounts of
administrative pecuniary fines than those laid down in those paragraphs.

Member States shall notify to the Commission the level of such higher penalties, and
any subsequent amendments thereto.

45 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual
financial statements, consolidated financial statements and related reports of certain types of
undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and
repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

# EN 48 EN

_Article 21_
_Periodic penalty payments_

1. Competent authorities shall be entitled to impose periodic penalty payments on legal
or natural persons for an ongoing failure to comply with any decision, order, interim
measure, request, obligation or other administrative measure adopted in accordance
with this Regulation.

A periodic penalty payment referred to in the first subparagraph shall be effective
and proportionate and shall consist of a daily amount to be paid until compliance is
restored. They shall be imposed for a period not exceeding 6 months from the date
indicated in the decision imposing the periodic penalty payments.

Competent authorities shall be entitled to impose the following periodic penalty
payments which may be adjusted depending on the seriousness of the breach and the
needs of the sector:

(a) 3% of the average daily turnover in the case of a legal person;

(b) EUR 30 000 in the case of a natural person.

2. The average daily turnover referred to in paragraph 1, third subparagraph, point (a),
shall be the total annual turnover, divided by 365.

3. Member States may provide for higher amounts of periodic penalty payments than
those laid down in paragraph 1, third subparagraph.

_Article 22_
_Circumstances to be considered when determining administrative penalties and other_

_administrative measures_

1. Competent authorities, when determining the type and level of administrative
penalties or other administrative measure, shall take into account all relevant
circumstances in order to ensure that such sanctions or measures are effective and
proportionate. Those circumstances shall include, where appropriate:

(a) the gravity and the duration of the breach;

(b) the degree of responsibility of the legal or natural person responsible for the
breach;

(c) the financial strength of the legal or natural person responsible for the breach,
as indicated, among other things, by the total annual turnover of the legal
person, or the annual income of the natural person responsible for the breach;

(d) the level of profits gained or losses avoided by the legal or natural person
responsible for the breach, if such profits or losses can be determined;

(e) the losses for third parties caused by the breach, if such losses can be
determined;

# EN 49 EN

(f) the disadvantage resulting to the legal or natural person responsible for the
breach from the duplication of criminal and administrative proceedings and
penalties for the same conduct;

(g) the impact of the breach on the interests of customers;.

(h) any actual or potential systemic negative consequences of the breach;

(i) the complicity or organised participation of more than one legal or natural
person in the breach;

(j) previous breaches committed by the legal or natural person responsible for the
breach;

(k) the level of cooperation of the legal or natural person, responsible for the
breach, with the competent authority;

(l) any remedial action or measure undertaken by the legal or natural person
responsible for the breach to prevent its repetition.

2. Competent authorities that use settlement agreements or expedited enforcement
procedures pursuant to Article 19 shall adapt the relevant administrative penalties
and other administrative measures provided for in Article 20 to the case concerned to
ensure the proportionality thereof, in particular by considering the circumstances
listed in paragraph 1.

_Article 23_
_Professional secrecy_

_**1.**_ All persons who work or who have worked for the competent authorities, as well as
experts acting on behalf of the competent authorities, are bound by the obligation of
professional secrecy.

_**2.**_ The information exchanged in accordance with Article 26 shall be subject to the
obligation of professional secrecy by both the sharing and recipient authority to
ensure the protection of individual and business rights.

_Article 24_
_Right of appeal_

_**1.**_ Decisions taken by the competent authorities pursuant to this Regulation, may be
contested before the courts.

2. Paragraph 1 shall apply also in respect of a failure to act.

_Article 25_
_Publication of decisions of competent authorities_

1. Competent authorities shall publish on their website all decisions imposing an
administrative penalty or administrative measure on legal and natural persons, for

# EN 50 EN

breaches of this Regulation, and where applicable, all settlement agreements. The
publication shall include, a short description of the breach, the administrative penalty
or other administrative measure imposed, or, where applicable, a statement about the
settlement agreement. The identity of the natural person subject to the decision
imposing an administrative penalty or administrative measure shall not be published.

Competent authorities shall publish the decision and the statement referred to in
paragraph 1 immediately after the legal or natural person subject to the decision has
been notified of that decision or the settlement agreement has been signed.

2. By derogation from paragraph 1, where the publication of the identity or other
personal data of the natural person is deemed necessary by the national competent
authority to protect the stability of the financial markets or, to ensure the effective
enforcement of this Regulation, including in the case of public statements referred to
in Article 20(3) point (a), or temporary bans referred to in Article 20(3) point (g), the
national competent authority may publish also the identity of the persons or personal
data, provided that it justifies such a decision and that the publication is limited to the
personal data that is strictly necessary to protect the stability of the financial markets
or to ensure the effective enforcement of this Regulation.

3. Where the decision imposing an administrative penalty or other administrative
measure is subject to appeal before the relevant judicial or other authority, competent
authorities shall also publish on their official website, without delay, information on
the appeal and any subsequent information on the outcome of such an appeal insofar
as it concerns legal persons. Where the appealed decision concerns natural persons
and the derogation under paragraph 2 is not applied, competent authorities shall
publish information on the appeal only in an anonymised version.

4. Competent authorities shall ensure that any publication made in accordance with this
Article remains on their official website for a period of at least 5 years. Personal data
contained in the publication shall be kept on the official website of the competent
authority only if an annual review shows the continued need to publish that data to
protect the stability of the financial markets or to ensure the effective enforcement of
this Regulation, and in any event for no longer than 5 years.

_Article 26_
_Cooperation and exchange of information between competent authorities_

1. Competent authorities shall cooperate with each other and with other relevant
competent authorities designated under Union or national law applicable to financial
institutions for the purposes of this Regulation carrying out the duties of the
competent authorities.

2. The exchange of information between competent authorities and the competent
authorities of other Member States responsible for the authorisation and supervision
of financial information service providers shall be allowed for the purposes of
carrying out their duties under this Regulation.

3. Competent authorities exchanging information with other competent authorities
under this Regulation may indicate at the time of communication that such
information must not be disclosed without their express agreement, in which case

# EN 51 EN

such information may be exchanged solely for the purposes for which those
authorities gave their agreement.

4. The competent authority shall not transmit information shared by other competent
authorities to other bodies or natural or legal persons without the express agreement
of the competent authorities which disclosed it and solely for the purposes for which
those authorities gave their agreement, except in duly justified circumstances. In this
last case, the contact point shall immediately inform the contact point that sent the
information.

5. Where obligations under this Regulation concern the processing of personal data,
competent authorities shall cooperate with the supervisory authorities established
pursuant to Regulation (EU) 2016/679.

_Article 27_
_Settlement of disagreements between competent authorities_

1. Where a competent authority of a Member State considers that, in a particular matter,
cross-border cooperation with competent authorities of another Member State as
referred to in Articles 28 or 29 of this Regulation does not comply with the relevant
conditions set out in those provisions, it may refer the matter to EBA and may
request its assistance in accordance with Article 19 of Regulation (EU) No
1093/2010.

2. Where EBA has been requested to provide assistance pursuant to paragraph 1, it shall
take a decision under Article 19(3) of Regulation (EU) No 1093/2010 without undue
delay. EBA may also, on its own initiative, assist the competent authorities in
reaching an agreement in accordance with Article 19(1), second subparagraph of that
Regulation. In either case, the competent authorities involved shall defer their
decisions pending resolution of the disagreement pursuant to Article 19 of
Regulation (EU) No 1093/2010.

### **TITLE VII** **C ROSS B ORDER ACCESS TO DATA**

_Article 28_
_Cross-border access to data by financial information service providers_

1. Financial information service providers and financial institutions shall be allowed to
have access to the data listed in Article 2(1) of Union customers held by data holders
established in the Union, pursuant to the freedom to provide services or the freedom
of establishment.

2. A financial information service provider wishing to have access to the data listed in
Article 2(1) of this Regulation for the first time in a Member State other than its
home Member State, in the exercise of the right of establishment or the freedom to
provide services, shall communicate the following information to the competent
authorities in its home Member State:

# EN 52 EN

(a) the name, the address and, where applicable, the authorisation number of the
financial information service provider;

(b) the Member State(s) in which it intends to have access to the data listed in
Article 2(1);

(c) the type of data it wishes to have access to;

(d) the financial data sharing schemes it is a member.

Where the financial information service provider intends to outsource operational
functions of data access to other entities in the host Member State, it shall inform the
competent authorities of its home Member State accordingly.

3. Within 1 month of receipt of all of the information referred to in paragraph 1 the
competent authorities of the home Member State shall send it to the competent
authorities of the host Member State.

4. The financial information service provider shall communicate to the competent
authorities of the home Member State without undue delay any relevant change
regarding the information communicated in accordance with paragraph 1, including
additional entities to which activities are outsourced in the host Member States in
which it operates. The procedure provided for under paragraphs 2 and 3 shall apply.

_Article 29_

_Reasons and communication_

Any measure taken by the competent authorities pursuant to Article 18 or Article 28 involving
penalties or restrictions on the exercise of the freedom to provide services or the freedom of
establishment shall be properly justified and communicated to the financial information service
provider concerned.

### **TITLE VIII** **F INAL PROVISIONS**

_Article 30_
_Exercise of delegation_

1. The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.

2. The power to adopt the delegated act referred to in Article 11, shall be conferred on
the Commission for a period of XX months from … [OP please insert: date of entry
into force of this Regulation]. The Commission shall draw up a report in respect of
the delegation of power not later than nine months before the end of the XX-month
period. The delegation of power shall be tacitly extended for periods of an identical
duration, unless the European Parliament or the Council opposes such extension not
later than three months before the end of each period.

# EN 53 EN

3. The delegation of powers referred to in Article 11, may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall take effect the day
following the publication of the decision in the Official Journal of the European
Union or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts signated by
each Member State in accordance with the principles laid down in the
Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 11, shall enter into force only if no
objection has been expressed either by the European Parliament or by the Council
within a period of three months of notification of that act to the European Parliament
and to the Council or if, before the expiry of that period, the European Parliament
and the Council have both informed the Commission that they will not object. That
period shall be extended by three months on the initiative of the European Parliament
or of the Council.

_Article 31_
_Evaluation of this Regulation and report on access to financial data_

1. By [OP please insert the date = 4 years after the date of entry into application of this
Regulation, the Commission shall carry out an evaluation of this Regulation and
submit a report on its main findings to the European Parliament and to the Council as
well as to the European Economic and Social Committee. That evaluation shall
assess, in particular:

(a) other categories or sets of data to be made accessible;

(b) the exclusion from the scope of certain categories of data and entities;

(c) changes in contractual practices of data holders and data users and the
operation of financial data sharing schemes;

(d) the inclusion of other types of entities to those entities granted the right of
access to data.

(e) the impact of compensation on the ability of data users to participate in
financial data sharing schemes and access data from data holders.

2. By [OP please insert the date = 4 years after the date of entry into force of this
Regulation, the Commission shall submit a report to the European Parliament and the
Council assessing the conditions for access to financial data applicable to account
information service providers under this Regulation and under Directive (EU)
2015/2366. The report can be accompanied, if deemed appropriate, by a legislative
proposal.

# EN 54 EN

_Article 32_
_Amendment to Regulation (EU) No 1093/2010_

In Article 1(2) of Regulation (EU) No 1093/2010, the first subparagraph is replaced by the
following:
‘The Authority shall act within the powers conferred by this Regulation and within the scope
of Directive 2002/87/EC, Directive 2008/48/EC*, Directive 2009/110/EC, Regulation (EU)
No 575/2013**, Directive 2013/36/EU***, Directive 2014/49/EU****, Directive
2014/92/EU*****, Directive (EU) 2015/2366******, Regulation (EU) 2023/1114 (*******),
Regulation (EU) 2024/…/EU (********) of the European Parliament and of the Council and,
to the extent that those acts apply to credit and financial institutions and the competent
authorities that supervise them, within the relevant parts of Directive 2002/65/EC, including
all directives, regulations, and decisions based on those acts, and of any further legally
binding Union act which confers tasks on the Authority. The Authority shall also act in
accordance with Council Regulation (EU) No 1024/2013*********.

     - Directive 2008/48/EC Of the European Parliament and of the Council of 23 April
2008 on credit agreements for consumers and repealing Council Directive
87/102/EEC (OJ L 133, 22.5.2008, p. 66).
** Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26
June 2013 on prudential requirements for credit institutions and amending
Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
*** Directive 2013/36/EU of the European Parliament and of the Council of 26 June
2013 on access to the activity of credit institutions and the prudential supervision of
credit institutions, amending Directive 2002/87/EC and repealing Directives
2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
**** Directive 2014/49/EU of the European Parliament and of the Council of 16 April
2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
***** Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014

on the comparability of fees related to payment accounts, payment account switching
and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214).
****** Directive (EU) 2015/2366 of the European Parliament and of the Council of 25

November 2015 on payment services in the internal market, amending Directives
2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and
repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
******* Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31

May 2023 on markets in crypto-assets, and amending Regulations (EU) No
1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937
(OJ L 150, 9.6.2023, p. 40).
******** Regulation (EU) 2024/… of the European Parliament and of the Council of … on a

framework for Financial Data Access and amending Regulations (EU) No
1093/2010, (EU) 1095/2010 and (EU) 2022/2554 and Directive (EU) 2019/1937 (OJ
L ..., ...., p.).
********* Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring
specific tasks on the European Central Bank concerning policies relating to the
prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).’

_Article 33_
_Amendment to Regulation (EU) No 1094/2010_

In Article 1(2) of Regulation (EU) No 1094/2010, the first subparagraph is replaced by the
following:

# EN 55 EN

‘The Authority shall act within the powers conferred by this Regulation and within the scope
of Regulation (EU) 2024/…/EU (     - ), of Directive 2009/138/EC with the exception of Title IV
thereof, of Directive 2002/87/EC, Directive (EU) 2016/97 ( ** ) and Directive (EU) 2016/2341
( *** ) of the European Parliament and of the Council, and, to the extent that those acts apply to
financial information services providers, insurance undertakings, reinsurance undertakings,
institutions for occupational retirement provision and insurance intermediaries, within the
relevant parts of Directive 2002/65/EC, including all directives, regulations, and decisions
based on those acts, and of any further legally binding Union act which confers tasks on the
Authority.’

     - Regulation (EU) 2024/… of the European Parliament and of the Council of … on a
framework for Financial Data Access and amending Regulations (EU) No 1093/2010, (EU)
No 1094/2010, (EU) No 1095/2010, (EU) 1094/2010 and (EU) 2022/2554 and Directive (EU)
2019/1937 (OJ L …, ...., p.).

** Directive (EU) 2016/97 of the European Parliament and of the Council
of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19).

*** Directive (EU) 2016/2341 of the European Parliament and of the Council
of 14 December 2016 on the activities and supervision of institutions for
occupational retirement provision (IORPs) (OJ L 354, 23.12.2016, p. 37).

_Article 34_
_Amendment to Regulation (EU) No 1095/2010_

In Article 1(2) of Regulation (EU) No 1095/2010, the first subparagraph is replaced by the
following:
‘The Authority shall act within the powers conferred by this Regulation and within the scope
of Directives 97/9/EC, 98/26/EC, 2001/34/EC, 2002/47/EC, 2004/109/EC, 2009/65/EC,
Directive 2011/61/EU of the European Parliament and of the Council*, Regulation (EC) No
1060/2009 and Directive 2014/65/EU of the European Parliament and of the Council**,
Regulation (EU) 2017/1129 of the European Parliament and of the Council***, Regulation
(EU) 2023/1114of the European Parliament and of the Council**** Regulation (EU) 2024/…
of the European Parliament and of the Council***** and to the extent that those acts apply to
firms providing investment services or to collective investment undertakings marketing their
units or shares, issuers or offerors of crypto-assets, persons seeking admission to trading or
crypto-asset service providers, financial information service providers and the competent
authorities that supervise them, within the relevant parts of, Directives 2002/87/EC and
2002/65/EC, including all directives, regulations, and decisions based on those acts, and of
any further legally binding Union act which confers tasks on the Authority.

___________

     - Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011
on Alternative Investment Fund Managers and amending Directives 2003/41/EC and
2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174,
1.7.2011, p. 1).
** Directive 2014/65/EU of the European Parliament and of the Council of 15 May
2014 on markets in financial instruments and amending Directive 2002/92/EC and
Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
*** Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14
June 2017 on the prospectus to be published when securities are offered to the public

# EN 56 EN

or admitted to trading on a regulated market, and repealing Directive 2003/71/EC
(OJ L 168, 30.6.2017, p. 12).
**** Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May
2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU)
No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p.40).’
***** Regulation (EU) 2024/… of the European Parliament and of the Council of … on a

framework for Financial Data Access and amending Regulations (EU) No
1093/2010, (EU) 1094/2010, (EU) 1095/2010 and (EU) 2022/2554 and Directive
(EU) 2019/1937 (OJ L ..., ...., p.).

_Article 35_
_Amendment to Regulation (EU) 2022/2554_

Article 2(1) of Regulation (EU) 2022/2554 is amended as follows:

(1) In point (u), the punctuation mark “.”is replaced by “;”

(2) the following point (v) is added:

““(v) financial information service providers.””

_Article 36_
_Entry into force and application_

This Regulation shall enter into force on the twentieth day following that of its publication in
the _Official Journal of the European Union_ .

It shall apply from [OP please insert the date = 24 months after the date of entry into force of
this Regulation]. However, Articles 9 to 13 shall apply from [OP please insert the date = 18
months after the date of entry into force of this Regulation].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

_For the European Parliament_ _For the Council_
_The President_ _The President_

# EN 57 EN