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Annex VI

Annex VI

ANNEX VI

Oversight of the supervision of less significant supervised entities

1. SUBJECT MATTER, NATURE AND PURPOSE OF PROCESSING

In the context of the oversight of the supervision of less significant supervised entities, personal data are processed for the following purposes:

(a)

assessing whether NCAs are applying high-quality supervisory standards in a consistent way and checking whether comparable situations lead to comparable outcomes across the SSM;

(b)

receiving ex ante and ex post notifications from NCAs on material supervisory procedures and draft decisions regarding high-impact and high-risk less significant supervised entities and advising NCAs to further assess specific aspects of such procedures;

(c)

receiving notifications from NCAs in relation to specific circumstances;

(d)

carrying out thematic reviews to provide targeted insights into supervision by NCAs with regard to defined risk areas at the level of individual less significant supervised entities or classes of similar less significant supervised entities to ensure high quality supervision;

(e)

participating in on-site inspections of less significant supervised entities with a view to fostering the ECB’s understanding of the conduct of NCA supervision.

2. LEGAL BASIS

Article 5(1), point (a), of Regulation (EU) 2018/1725 or Article 6(1), point (e), and, in some Member States, point (c), of Regulation (EU) 2016/679 in conjunction with Article 6(4), (5) and (6) of Regulation (EU) No 1024/2013.

3. DATA SUBJECTS

Personal data relating to the following categories of data subjects may be processed:

(a)

staff of less significant supervised entities;

(b)

members of the management body, customers and their guarantors, shareholders and creditors, service providers, consultants and external auditors of less significant supervised entities;

(c)

staff or representatives of banking associations;

(d)

staff of Union institutions and bodies, and of national and international authorities.

4. CATEGORIES OF PERSONAL DATA PROCESSED

The following categories of personal data may be processed:

(a)

identification data, such as name, ID card/passport number, nationality and signature;

(b)

contact data, such as postal address, email address and phone number;

(c)

professional data relating to the education, training, employment and other positions held by the appointee in a fit and proper procedure and the members of the management body of the supervised entity in which the appointment is made;

(d)

professional data relating to any other business activities of the appointee in a fit and proper procedure;

(e)

financial details of the appointee in a fit and proper procedure;

(f)

details of criminal records; and information on criminal investigations and proceedings, relevant civil and administrative proceedings and disciplinary actions, including disqualification as a company director, bankruptcy, insolvency and similar procedures;

(g)

description of the personal relationships of close relatives of the appointee in a fit and proper procedure with other members of the management body and/or key function holders of the supervised entity in which the appointment is made, its parent undertaking or its subsidiaries; and their professional and financial relationships with the supervised entity in which the appointment is made, its parent undertaking or its subsidiaries;

(h)

information as to whether a fit and proper assessment has already been conducted by another competent authority and information about the outcome of this assessment;

(i)

comments by the ECB staff or NCA staff regarding the performance of the appointee in their current or any previous role that may have an impact on the current fit and proper procedure;

(j)

information on the conduct of the appointee in the current role that may be relevant in the context of reassessments.

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