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Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive(EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (Text with EEA relevance) (AMLD6)RecitalsChapter I General Provisions (arts. 1-9)Section 1 Subject matter, scope and definitions (arts. 1-2)Article 1 Subject matterArticle 2 DefinitionsSection 2 National measures in sectors exposed to money laundering and terrorist financing (arts. 3-6)Article 3 Identification of exposed sectors at national levelArticle 4 Requirements relating to certain service providersArticle 5 Requirements relating to the granting of residence rights in exchange for investmentArticle 6 Checks on the senior management and beneficial owners of certain obliged entitiesSection 3 Risk assessments (arts. 7-9)Article 7 Risk assessment at Union levelArticle 8 National risk assessmentArticle 9 StatisticsChapter II Registers (arts. 10-18)Section 1 Central beneficial ownership registers (arts. 10-15)Article 10 Central beneficial ownership registersArticle 11 General rules regarding access to beneficial ownership registers by competent authorities, self-regulatory bodies and obliged entitiesArticle 12 Specific access rules to beneficial ownership registers for persons with legitimate interestArticle 13 Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership informationArticle 14 Templates and proceduresArticle 15 Exceptions to the access rules to beneficial ownership registersSection 2 Bank account information (arts. 16-17)Article 16 Bank account registers and electronic data retrieval systemsArticle 17 Implementing acts for the interconnection of registersSection 3 Single access point to real estate information (art. 18)Article 18 Single access point to real estate informationChapter III FIUs (arts. 19-36)Article 19 Establishment of the FIUArticle 20 Fundamental Rights OfficerArticle 21 Access to informationArticle 22 Responses to requests for informationArticle 23 Provision of information to supervisorsArticle 24 Suspension or withholding of consentArticle 25 Instructions to monitor transactions or activitiesArticle 26 Alerts to obliged entitiesArticle 27 FIU annual reportArticle 28 Feedback by FIUArticle 29 Cooperation between FIUsArticle 30 Protected channels of communicationArticle 31 Exchange of information between FIUsArticle 32 Joint analysesArticle 33 Use by FIUs of information exchanged between themArticle 34 Consent to further dissemination of information exchanged between FIUsArticle 35 Effect of criminal law provisionsArticle 36 Confidentiality of reportingChapter IV Anti-Money Laudering Supervision (arts. 37-60)Section 1 General provisions (arts. 37-48)Article 37 Powers and resources of national supervisorsArticle 38 Supervision of forms of infrastructure of certain intermediaries operating under the freedom to provide servicesArticle 39 Provision of information to obliged entitiesArticle 40 Risk-based supervisionArticle 41 Central contact pointsArticle 42 Disclosure to FIUsArticle 43 Provision of information to FIUsArticle 44 General principles regarding supervisory cooperationArticle 45 Provision of information on cross-border activitiesArticle 46 Provisions related to cooperation in the context of group supervisionArticle 47 Supervisory cooperation regarding obliged entities carrying out cross-border activitiesArticle 48 Exchange of information in relation to implementation of group-wide policies in third countriesSection 2 Cooperation within AML/CFT supervisory colleges and with counterparts in third countries (arts. 49-51) (arts. 49-51)Article 49 ML/CFT supervisory colleges in the financial sectorArticle 50 AML/CFT supervisory colleges in the non-financial sectorArticle 51 Cooperation with supervisors in third countriesSection 3 Specific provisions relating to self-regulatory bodies (art. 52)Article 52 Oversight of self-regulatory bodiesSection 4 Pecuniary sanctions and administrative measures (arts. 53-59)Article 53 General provisionsArticle 54 Supervisory measures towards establishments of obliged entities and certain activities carried out under the freedom to provide servicesArticle 55 Pecuniary sanctionsArticle 56 Administrative measuresArticle 57 Periodic penalty paymentsArticle 58 Publication of pecuniary sanctions, administrative measures and periodic penalty paymentsArticle 59 Exchange of information on pecuniary sanctions and administrative measuresSection 5 Reporting of breaches (art. 60)Article 60 Reporting of breaches and protection of reporting personsChapter V Cooperation (arts. 61-69)Section 1 AML/CFT cooperation (arts. 61-63)Article 61 General provisionsArticle 62 Communication of the list of the competent authoritiesArticle 63 Cooperation with AMLASection 2 Cooperation with other authorities and exchange of confidential information (arts. 64-68)Article 64 Cooperation in relation to credit institutions or financial institutionsArticle 65 Cooperation in relation to auditorsArticle 66 Cooperation with authorities in charge of implementing targeted financial sanctionsArticle 67 Professional secrecy requirementsArticle 68 Exchange of information among supervisors and with other authoritiesSection 3 Guidelines on cooperation (art. 69)Article 69 AML/CFT cooperation guidelinesChapter VI Data protection (art. 70)Article 70 Processing of certain categories of personal dataChapter VII Final provisions (arts. 71-80)Article 71 Exercise of the delegationArticle 72 Committee procedureArticle 73 Transitional management of FIU.netArticle 74 Amendments to Directive (EU) 2015/849Article 75 Amendment to Directive (EU) 2019/1937Article 76 ReviewArticle 77 RepealArticle 78 TranspositionArticle 79 Entry into forceArticle 80 AddresseesAnnex - Correlation 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AI Summary of Article 70 Processing of certain categories of personal data

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Version status: Entered into force | Document consolidation status: No known changes
Version date: 9 July 2024 - onwards
Version 2 of 2

Article 70 Processing of certain categories of personal data

1. To the extent that it is necessary for the purposes of this Directive, competent authorities may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and personal data relating to criminal convictions and offences referred to in Article 10 of that Regulation subject to appropriate safeguards for the rights and freedoms of the data subject, in addition to the following safeguards:

(a) processing of such data shall be performed only on a case-by-case basis by the staff of each competent authority that have been specifically designated and authorised to perform those tasks;

(b) staff of the competent authorities shall maintain high professional standards of confidentiality and data protection, they shall be of high integrity and are appropriately skilled, including in relation to the ethical handling of big data sets;

(c) technical and organisational measures shall be in place to ensure the security of the data to high technological standards.

2. The safeguards referred to in paragraph 1 of this Article shall also apply to the processing for the purposes of this Directive of special categories of data referred to in Article 10(1) of Regulation (EU) 2018/1725 and personal data relating to criminal convictions and offences referred to in Article 11 of that Regulation by Union institutions, bodies, offices or agencies.

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