14 Amendments of Fabio Massimo CASTALDO related to 2023/0205(COD)
Amendment 238 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(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 Council32 and with Article 30 of Directive (EU) 2016/97 ; _________________ 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).
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 286 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. Customer data referred to in paragraph 1, do not include: - sensitive data regarding a person's race or ethnicity, political opinions, religious or philosophical beliefs or union memberships, as well as genetic information and information about health and sexual orientation/practices - proprietary data that the financial institution has generated, analysed or enriched, including trade secrets and business-sensitive information.
Amendment 291 #
Proposal for a regulation
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4 b. This Regulation shall apply to contracts that have been entered into force from the date of application of the present Regulation onwards.
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘customer’ means a natural or a legal person who makes use of financial products and services or purchases insurance products;
Amendment 307 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(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 excluding sensitive data and proprietary data as referred in Article 2, par. 5;
Amendment 357 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
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. This Regulation is without prejudice to accessing, sharing and using data on a purely contractual basis without making use of the data access obligations established by this Regulation.
Amendment 368 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Any undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper under Article 3 of Regulation (EU) 2022/1925 (Digital Markets Act) shall not be an eligible third party for the purposes of data-sharing and therefore cannot request or be granted access to customers’ data.
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 4 – point f a (new)
Article 6 – paragraph 4 – point f a (new)
(f a) not use the data it receives to develop a product that competes with the product from which the accessed data originate or share the data with another third party for that purpose.
Amendment 390 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Once the data user collects, stores and processes data as per the definition in Article 3(5), it should be considered as a data holder and therefore subject to the obligations on data holders in Article 5.
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
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 insuranceinsurance products different from insurance-based investment products .
Amendment 438 #
Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(b a) The data holder must be in control of the identity and access management of both the customer and any data user, as well as the permission dashboard through which any request is submitted.
Amendment 477 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point i
Article 10 – paragraph 1 – subparagraph 1 – point h – point i
(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 requestn accordance with Article 9 of Regulation (EU) 2023/2854 (Data Act), any compensation - including the costs incurred in making the data available and the investment in the collection and production of data, as well as a margin - agreed between a data holder and a data user for making data available shall be reasonable;
Amendment 581 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
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].