Article 32e

RegistrationNotification

Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application and shall not provide data intermediation services in the Union unless registered in the public Union register referred to in Article 32 for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. Registration shall be a condition for providing data intermediation services in the Union. Any entity providing services that fall within the definition of data intermediation services shall comply with all obligations under this Chapter, irrespective of its legal form, commercial designation, technical architecture or functional design.

Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union registerregisters of recognised data intermediation services providers to the competent authorityauthorities referred to in Article 32b in the Member StateStates in which they have their main establishment or in which they provide services. Registration in those registers shall be mandatory for the provider to be able to take up business.

Data intermediation services provider whichshall meetsnotify thetheir requirementsbusiness set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providersactivities to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.

Data intermediation services provider which meets the requirements set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.Data intermediation services providers may not provide their services in the Union until they have been registered with the competent authority referred to in Article 32b in the Member State of their main establishment. Member States shall provide a simplified digital registration procedure for small and medium-sized enterprises that exclusively pass on low-risk, non-personal data.

Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.

Data altruism organisation which meets the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.Data altruism organisation shall notify the competent authority their activities in the Member State in which they have their main establishment.

Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union registerregisters of recognised data altruism organisations to the competent authorityauthorities referred to in Article 32b in the Member StateStates in which they have their main establishment or in which they provide services. Registration in those registers shall be mandatory for the organisation to be able to take up business.

Data altruism organisationorganisations which meetsmeet the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they haveof their main establishment.

Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.

Justification

To foster trust in the label ‘data altruism organisation recognised in the Union’, effective public oversight should be ensured and appropriate accountability mechanisms should be put in place. This amendment follows the EDPB and the EDPS recommendation to maintain the record-keeping obligation, in order to ensure that competent authorities can exercise their oversight in an effective manner.

Data intermediation services providers and data altruism organisations thatshall have noa main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation.

The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation.

(3) Competent authorities shall establish the necessary application forms.To ensure consistency and coherence across the EU, the Commission shall, after consulting the EDPB, adopt implementing acts establishing a template application form for the registration of data intermediation services and recognised data altruism organisations, including inter alia a description of the intended processing and other activities, their nature and scope; type of data concerned and any intended value-added services related to the processing of the data.

(3) Competent authorities shall establish the necessary application forms.The Commission shall adopt implementing acts to establish the necessary application forms including the required description of the intended nature of data intermediation or data altruism processing activities, such as types of data, including categories of personal data and intended value-added services.

Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider. The competent authority shall include providers in the national public register of their respective Member State.

Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the provider complies with the criteria, the competent authority shall award the label and submit the relevant information to the Commission which shall registerupdate the providerswebsite into mention the publiclabel Union register as a recognised data intermediation services providerattribution.

The first subparagraph shall also apply where a data altruism organisation has submitted all necessary information pursuant to paragraph 2, and complies with the registration requirements set out in Article 32d.

(4a) In Article 32r, the following paragraph is inserted:

(5) The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee.

(5) The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee orshall waive the fee.