Commission Delegated Regulation (EU) 2025/293 Article 6: Specific provisions for complaints handling involving third-party entities

Article 6 - Specific provisions for complaints handling involving third-party entities

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Article 6

Specific provisions for complaints handling involving third-party entities

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1. Where the tokens have been distributed, totally or partially, through third-party entities, issuers of asset-referenced tokens shall ensure that:

((a))

the third-party entities notify them in a timely manner of any complaints received regarding the distribution of such tokens and transfer them to the issuer of asset-referenced tokens that shall assess such complaints;

((b))

they notify the third-party entities distributing such tokens in a timely manner of any complaints received by the issuer of asset-referenced tokens regarding the distribution of those tokens.

2. The third-party entities shall:

((a))

allow complainants to:(i)submit complaints by electronic means or in paper form;(ii)file complaints free of charge;

((i))

submit complaints by electronic means or in paper form;

((ii))

file complaints free of charge;

((b))

acknowledge receipt of a complaint regarding the distribution of such tokens clearly mentioning the date of its receipt and, where an electronic complaint form is filed, provide the complainant with a copy of the complaint;

((c))

provide the contact details of issuers of asset-referenced tokens to the complainant, to allow the complainant to have the option to file complaints directly with issuers of asset-referenced tokens;

((d))

develop and make available to holders of asset-referenced tokens the same template for filing complaints as the issuer of asset-referenced tokens, using the template set out in the Annex;

((e))

record internally, in an appropriate manner through a secure electronic register, all complaints received and any measures taken in response thereto for a reasonable period of time and in any event no longer than permitted under national timing requirements, where applicable;

((f))

provide the complainant with a privacy notice to accompany the template set out in the Annex to this Regulation, in accordance with Articles 13 and 14 of Regulation (EU) 2016/679.