1. The joint controller that starts the processing of personal data, which includes the collection of personal data, shall provide the information to the data subject required by Articles 15 and 16 of Regulation (EU) 2018/1725 or Articles 13 and 14 of Regulation (EU) 2016/679, and by Article 28(2), second sentence, of Regulation (EU) 2018/1725 or Article 26(2), second sentence, of Regulation (EU) 2016/679, respectively. That joint controller shall be:
for personal data submitted via the Information Management System (IMAS) portal, the ECB;
for personal data received in all other cases:(i)for fit and proper procedures for significant supervised entities, the relevant NCA in accordance with Articles 93 and 94 of Regulation (EU) No 468/2014 (ECB/2014/17);(ii)for authorisation procedures:(1)in cases of authorisation, the NCA that receives the application for authorisation to take up the business of a credit institution pursuant to Article 14(1) of Regulation (EU) No 1024/2013;(2)in cases of qualifying holdings, the NCA that receives the notification or any related information pursuant to Article 15(1) of Regulation (EU) No 1024/2013;(3)in cases of procedures initiated by an NCA for withdrawal of an authorisation to take up the business of a credit institution, including a withdrawal at the credit institution’s request, pursuant to Article 80 of Regulation (EU) No 468/2014 (ECB/2014/17), the relevant NCA;(4)in cases of procedures initiated by the ECB for withdrawal of an authorisation to take up the business of a credit institution, the ECB;(5)in cases of establishment of a branch by a significant supervised entity, the NCA of the home Member State in accordance with Article 11 of Regulation (EU) No 468/2014 (ECB/2014/17);(6)in cases of notification of a change in the provision of services by a significant supervised entity or a less significant supervised entity; notification of a change in branch particulars by a significant supervised entity or a less significant supervised entity; or the establishment of a branch by a less significant supervised entity, the NCA of the home Member State;(7)in cases of establishment of a branch in a participating Member State by a credit institution established in a non-participating Member State, the NCA of the host Member State;(8)in cases of the provision of services outside the participating Member States by a significant supervised entity or by a less significant supervised entity, the NCA of the home Member State;(9)in cases of the provision of services in a participating Member State by a credit institution established in a non-participating Member State, the NCA of the host Member State;(10)in cases of approval or exemption from approval of (mixed) financial holding companies comprising significant supervised entities or significant supervised groups, the ECB;(11)in cases of approval or exemption from approval of (mixed) financial holding companies comprising less significant supervised entities or less significant supervised groups, the NCA that receives the application in accordance with Article 21a of Directive 2013/36/EU of the European Parliament and of the Council(5);(12)in cases of mergers carried out by institutions and by (mixed) financial holding companies where the entities resulting from such proposed operation are significant supervised entities, the ECB;(13)in cases of mergers carried out by institutions and by (mixed) financial holding companies where the entities resulting from such proposed operation are less significant supervised entities, the NCA that receives the notification pursuant to Article 27i(1), first subparagraph, of Directive 2013/36/EU;(14)in cases of divisions carried out by institutions and by (mixed) financial holding companies that are significant supervised entities, the ECB;(15)in cases of divisions carried out by institutions and by (mixed) financial holding companies that are less significant supervised entities, the NCA that receives the notification pursuant to Article 27i(1), second subparagraph, of Directive 2013/36/EU;(iii)for ongoing supervision of significant supervised entities, the ECB;(iv)for enforcement and sanctions, the ECB;(v)for on-site inspections of significant supervised entities, the ECB;(vi)for oversight of the supervision of less significant supervised entities, the ECB;(vii)for supervision of less significant supervised entities:(1)the NCA of the home Member State; or(2)where the ECB exercises directly itself all the relevant powers for a less significant supervised entity pursuant to Article 6(5), point (b), of Regulation (EU) No 1024/2013, the ECB.
for fit and proper procedures for significant supervised entities, the relevant NCA in accordance with Articles 93 and 94 of Regulation (EU) No 468/2014 (ECB/2014/17);
for authorisation procedures:(1)in cases of authorisation, the NCA that receives the application for authorisation to take up the business of a credit institution pursuant to Article 14(1) of Regulation (EU) No 1024/2013;(2)in cases of qualifying holdings, the NCA that receives the notification or any related information pursuant to Article 15(1) of Regulation (EU) No 1024/2013;(3)in cases of procedures initiated by an NCA for withdrawal of an authorisation to take up the business of a credit institution, including a withdrawal at the credit institution’s request, pursuant to Article 80 of Regulation (EU) No 468/2014 (ECB/2014/17), the relevant NCA;(4)in cases of procedures initiated by the ECB for withdrawal of an authorisation to take up the business of a credit institution, the ECB;(5)in cases of establishment of a branch by a significant supervised entity, the NCA of the home Member State in accordance with Article 11 of Regulation (EU) No 468/2014 (ECB/2014/17);(6)in cases of notification of a change in the provision of services by a significant supervised entity or a less significant supervised entity; notification of a change in branch particulars by a significant supervised entity or a less significant supervised entity; or the establishment of a branch by a less significant supervised entity, the NCA of the home Member State;(7)in cases of establishment of a branch in a participating Member State by a credit institution established in a non-participating Member State, the NCA of the host Member State;(8)in cases of the provision of services outside the participating Member States by a significant supervised entity or by a less significant supervised entity, the NCA of the home Member State;(9)in cases of the provision of services in a participating Member State by a credit institution established in a non-participating Member State, the NCA of the host Member State;(10)in cases of approval or exemption from approval of (mixed) financial holding companies comprising significant supervised entities or significant supervised groups, the ECB;(11)in cases of approval or exemption from approval of (mixed) financial holding companies comprising less significant supervised entities or less significant supervised groups, the NCA that receives the application in accordance with Article 21a of Directive 2013/36/EU of the European Parliament and of the Council(5);(12)in cases of mergers carried out by institutions and by (mixed) financial holding companies where the entities resulting from such proposed operation are significant supervised entities, the ECB;(13)in cases of mergers carried out by institutions and by (mixed) financial holding companies where the entities resulting from such proposed operation are less significant supervised entities, the NCA that receives the notification pursuant to Article 27i(1), first subparagraph, of Directive 2013/36/EU;(14)in cases of divisions carried out by institutions and by (mixed) financial holding companies that are significant supervised entities, the ECB;(15)in cases of divisions carried out by institutions and by (mixed) financial holding companies that are less significant supervised entities, the NCA that receives the notification pursuant to Article 27i(1), second subparagraph, of Directive 2013/36/EU;
in cases of authorisation, the NCA that receives the application for authorisation to take up the business of a credit institution pursuant to Article 14(1) of Regulation (EU) No 1024/2013;
in cases of qualifying holdings, the NCA that receives the notification or any related information pursuant to Article 15(1) of Regulation (EU) No 1024/2013;
in cases of procedures initiated by an NCA for withdrawal of an authorisation to take up the business of a credit institution, including a withdrawal at the credit institution’s request, pursuant to Article 80 of Regulation (EU) No 468/2014 (ECB/2014/17), the relevant NCA;
in cases of procedures initiated by the ECB for withdrawal of an authorisation to take up the business of a credit institution, the ECB;
in cases of establishment of a branch by a significant supervised entity, the NCA of the home Member State in accordance with Article 11 of Regulation (EU) No 468/2014 (ECB/2014/17);
in cases of notification of a change in the provision of services by a significant supervised entity or a less significant supervised entity; notification of a change in branch particulars by a significant supervised entity or a less significant supervised entity; or the establishment of a branch by a less significant supervised entity, the NCA of the home Member State;
in cases of establishment of a branch in a participating Member State by a credit institution established in a non-participating Member State, the NCA of the host Member State;
in cases of the provision of services outside the participating Member States by a significant supervised entity or by a less significant supervised entity, the NCA of the home Member State;
in cases of the provision of services in a participating Member State by a credit institution established in a non-participating Member State, the NCA of the host Member State;
in cases of approval or exemption from approval of (mixed) financial holding companies comprising significant supervised entities or significant supervised groups, the ECB;
in cases of approval or exemption from approval of (mixed) financial holding companies comprising less significant supervised entities or less significant supervised groups, the NCA that receives the application in accordance with Article 21a of Directive 2013/36/EU of the European Parliament and of the Council5;
in cases of mergers carried out by institutions and by (mixed) financial holding companies where the entities resulting from such proposed operation are significant supervised entities, the ECB;
in cases of mergers carried out by institutions and by (mixed) financial holding companies where the entities resulting from such proposed operation are less significant supervised entities, the NCA that receives the notification pursuant to Article 27i(1), first subparagraph, of Directive 2013/36/EU;
in cases of divisions carried out by institutions and by (mixed) financial holding companies that are significant supervised entities, the ECB;
in cases of divisions carried out by institutions and by (mixed) financial holding companies that are less significant supervised entities, the NCA that receives the notification pursuant to Article 27i(1), second subparagraph, of Directive 2013/36/EU;
for ongoing supervision of significant supervised entities, the ECB;
for enforcement and sanctions, the ECB;
for on-site inspections of significant supervised entities, the ECB;
for oversight of the supervision of less significant supervised entities, the ECB;
for supervision of less significant supervised entities:(1)the NCA of the home Member State; or(2)where the ECB exercises directly itself all the relevant powers for a less significant supervised entity pursuant to Article 6(5), point (b), of Regulation (EU) No 1024/2013, the ECB.
the NCA of the home Member State; or
where the ECB exercises directly itself all the relevant powers for a less significant supervised entity pursuant to Article 6(5), point (b), of Regulation (EU) No 1024/2013, the ECB.
2. Each joint controller shall publish a data protection notice on its website, in addition to complying with the obligation referred to in paragraph 1.
3. The joint controllers shall coordinate and agree on the consistent, if not identical, content of the information to be provided to the data subject pursuant to Article 28(2), second sentence, of Regulation (EU) 2018/1725 and Article 26(2), second sentence, of Regulation (EU) 2016/679, respectively.