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ANNEX III

ANNEX III

Form to reply to a request for cooperation or exchange of information and for the unsolicited exchange of information

[Reply to a request for cooperation or exchange of information] [Unsolicited exchange of information]

Reference number:

Date:

General information

FROM:

Member State:

Requesting competent authority:

Address:

(Contact point details)

Name:

Telephone:

Email:

TO:

Member State:

Recipient:

Address:

(Contact point details)

Name:

Telephone:

Email:

Dear [insert appropriate name]

We confirm that your request dated [dd.mm.yyyy] with reference [insert request reference number] has been processed by us [not applicable in case of an unsolicited exchange of information].

Information gathered

[If the information has been gathered, please set out the information here or provide an explanation of how it will be provided].

[In case of unsolicited exchange of information, please set out the information which is provided on an unsolicited basis].

[The information provided is confidential and is disclosed to [insert name of the requesting competent authority] pursuant to Article 31 of Regulation (EU) 2020/1503 of the European Parliament and of the Council (1) and on the basis that the information shall remain confidential in accordance with Article 35(1) of Regulation (EU) 2020/1503.] [or] [The information provided is permitted to be disclosed pursuant to Article 35(1) of Regulation (EU) 2020/1503.]

The [insert name of the requesting or receiving competent authority] shall observe the requirements set out in Article 35 of Regulation (EU) 2020/1503.

Where relevant, please explain any clarification you may require in relation to the precise information requested:

Please provide, on your own initiative, any essential information that could further assist the cooperation or exchange of information for the purposes of the request:

Any personal data provided shall be processed by ESMA in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council and by the relevant competent authorities in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council. In particular, both ESMA and the relevant competent authorities shall ensure that all relevant information on the processing of personal data is provided to data subjects in accordance with Section 2 ‘Information and access to personal data’ of CHAPTER III ‘Rights of the data subject’ of these Regulations.

Yours sincerely,

[signature]


(1)  Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (OJ L 347, 20.10.2020, p. 1).