2024-09-17-欧洲央行-关于金融数据访问框架监管和修订的提案（英）_9页_250kb

The European Central Bank (ECB) issued an opinion on the proposed regulation for a framework for Financial Data Access, which amends several EU regulations. The ECB welcomed the proposal's aim to enhance customer control over financial data and promote innovation in the financial sector, emphasizing tools for data sharing control and safeguards to ensure consumer trust. However, the ECB expressed concerns that the proposed regulation assigns consumer-protection-related supervisory tasks to it, which falls outside the ECB's prudential supervisory mandate under Articles 127(6) of the TFEU and the SSM Regulation, as consumer protection remains primarily with national authorities. The ECB recommended amendments to Articles 3(4), 17(4), 18(1) point (b)(v), and 26(1) to clarify competency, specifying that competent authorities designated by Member States handle compliance, with the ECB only cooperating through existing mechanisms. The ECB also suggested drafting changes to prevent it from being included erroneously and to ensure proper information exchange with national authorities, aligning with its role in prudential supervision.

Key points from the summary:

• Proposed Regulation: Framework for Financial Data Access, aiming to enable personalized services and better meet customer needs by allowing controlled data sharing.
• ECB's Support: Welcomed the customer-focused approach and goals of innovation and competition but recommended ensuring consumer-protection tasks do not fall under ECB's purview.
• Competency Concern: The ECB's prudential supervisory role is limited to safety and soundness; consumer protection duties should not be transferred to it, per recital 28 of the SSM Regulation.
• Recommendations:
  • Amend Articles to clarify that competent authorities are those designated by Member States.
  • Specify that the consolidating supervisor (e.g., ECB) must be notified only, not involved in consumer-protection oversight.
  • Ensure a clear legal basis for cooperation between competent authorities and prudential supervisors.
    *Legal Basis: Under Article 127(4) and 282(5) of the TFEU, the ECB has competence for opinions affecting its tasks, but this opinion is focused on competence clarification rather than consumer-protection duties.