15 Amendments of Damien CARÊME related to 2021/0378(COD)
Amendment 14 #
(2) Easy and structured access to data is important in order for decision makers in the economy and society to make sound informed, and environmentally and socially responsible investment decisions that serve the efficient functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial sector is undergoing a digital transformation, which is expected to continue in the coming years, and the Union should support that transformation, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the Union. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to entities’ information such as companies, businesses, financial institutions, financial and non- financial information needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, a European single access point (“ESAP”), giving electronic access to all relevant information.
Amendment 16 #
Proposal for a regulation
Recital 5
Recital 5
(5) Apart from the information in relation to financial services, capital markets and sustainability that has to be made public under Union law, investors, market participants, advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. SMicro, small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. Also, market participants may want to provide more information than that required by Union law or to make public the information required by national law but not available at Union level in order to complement the information provided to the public at the Union level. Any entity should therefore be allowed to make financial, sustainability- related and other relevant information accessible on ESAP. Pursuant to the principles of data minimisation, accuracy, and data protection-by-design and by default entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council26 . Entities submitting information to ESAP should remain responsible for the accuracy and reliability of such information. _________________ 26 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).
Amendment 20 #
Proposal for a regulation
Recital 13
Recital 13
(13) To promote data-driven innovation in finance, help integrate capital markets in the European Union, channel investments into sustainable activities, and bring efficiencies for consumers and businesses, ESAP should improve access to information that include personal data. ESAP should, however, only improve access to those personal data that have to be processed pursuant to Union law, or that are processed voluntarily provided that there is a lawful ground for such processing pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council. For any processing of personal data in the context of providing information via ESAP, the collection bodies, and ESMA in its capacity as operator of ESAP and when performing its role of data processor and data controller, should ensure that Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 of the European Parliament and of the Council28 are complied with. As regards the publication of information concerning administrative measures and other penalties, which may also include information concerning criminal convictions and offences within the meaning of Article 10 of Regulation (EU) 2016/67928a , and Article 11 of Regulation (EU) 2018/172528b, the processing of such data should be carried out only under control of a competent official authority, or when the processing is authorised by Union law providing for appropriate safeguards for the rights and freedoms of data subjects. _________________ 28 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). 28a 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). 28b 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)
Amendment 27 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation(EU) 2016/679;
Amendment 32 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Any natural or legal person acting as a market participant may submit to a collection body the information referred to in Article 1(1), point (b) to make that information accessible on ESAP. When submitting that information, the natural or legal person shall:
Amendment 36 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) anonymise personal data submitted to collection bodies, whenever possible.
Amendment 42 #
Proposal for a regulation
Article 5 – paragraph 1 – point f – introductory part
Article 5 – paragraph 1 – point f – introductory part
(f) ensure that the information referred to in Article 1(1) remains available to ESAP for at least 10 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a). Personal data in the information submitted pursuant to Article 1(1) shall not be retained andfor longer than necessary and in any event it shall be not made available for longer than 5 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a).
Amendment 44 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Entities shall ensure the quality, completeness, reliability, and accuracy of the information they submit to the collection bodies.
Amendment 45 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Amendment 46 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
ESMA shall put in place an effective and proportionate IT security policy for ESAP and shall ensure appropriate levels of authenticity, availability, integrity and non- repudiation of the information made accessible on ESAP and of the protection of personal data. ESMA shall carry out periodic reviews of the IT security policy and the cybersecurity situation of ESAP in consideration of evolving European and international cybersecurity trends and latest developments.
Amendment 47 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a web portal with a user-friendly interface taking account of special access needs of individuals with disabilities, in all the official languages of the Union to provide access to the information in ESAP;
Amendment 49 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. ESMA shall ensure that ESAP provides for the functionalities referred to in paragraph 1, points (e) and (g) by 31 December 2025. ESMA shall introduce appropriate technical and organisational measures to avoid excessive disclosure of personal data via the download service and the API. Additional safeguards shall be provided by ESMA where the disclosure of personal data via the download service and the API concerns personal data of a particularly sensitive nature, such as information concerning administrative measures or other penalties regarding natural persons. Such safeguards shall be specified by the Commission by way of an implementing act.
Amendment 52 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. For the purposes of paragraph 2, second subparagraph, ESMA mayshall develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and to determine the associated fee structure.
Amendment 53 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
The use and re-use of personal data accessible on ESAP shall occur in full compliance with Union legislation on data protection, and in particular respect the principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality. Any processing of personal data accessible on ESAP for a purpose other than that for which the personal data have been collected may only take place in accordance with the requirements of Article 6, paragraph 4 of Regulation (EU)No 2016/679.
Amendment 58 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. ESMA shall not store information containing personal data except for automatic, intermediate and transient processing, including storage of that information insofar as strictly necessary for the purpose of giving access to information provided by the collection bodies. ESMA shall also take appropriate technical and organisational measures to ensure that the information is not retained or made available for longer period that the one provided for in point (f) of article 5(1) of the Proposal.