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Order Ecc/2503/2014, Of 29 December, Which Creates The File Of Personal Data Called "file Of Financial Entitlements".

Original Language Title: Orden ECC/2503/2014, de 29 de diciembre, por la que se crea el fichero de datos de carácter personal denominado "Fichero de Titularidades Financieras".

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Article 43.1 of Law 10/2010 of 28 April on the prevention of money laundering and the financing of terrorism (Law 10/2010 of 28 April 2010) provides that, in order to prevent and prevent the laundering of capital and the financing of terrorism, credit institutions shall declare to the Executive Service of the Commission the opening or cancellation of current accounts, savings accounts, deposit accounts and time-limits.

Article 43.2 of Law 10/2010, of April 28, provides that the declared data will be included in a public ownership file, called the Financial Entitlements File, of which the Secretariat of State of Economics and Support to the Company.

Article 20.1 of the Organic Law 15/1999 of 13 December on the protection of personal data (hereinafter the Organic Law 15/1999 of 23 December) establishes that the creation, modification or deletion of the files Public administrations may be made only by means of a general provision published in the Official Journal of the State or in the Official Journal concerned.

Article 52.1 of Royal Decree 1720/2007 of 21 December, approving the Regulation on the development of Organic Law 15/1999 of 13 December, provides that the creation, modification or deletion of the public ownership may be made only by means of a general provision or agreement published in the "Official State Gazette" or in the Official Journal concerned.

This order is issued in order to comply with the mandate of article 43 of Law 10/2010, of April 28, with a favorable report of the Spanish Data Protection Agency.

In its virtue, I have:

Article 1. Object.

The file is created with personal data, called "File of Financial Entitlements", with the characteristics indicated in the Annex and in the terms and conditions set out in Organic Law 15/1999, 13 of December 21, December 21, for the Protection of Personal Data, and its Implementing Regulation, approved by Royal Decree 1720/2007, of 21 December.

Article 2. Responsible for the file.

The person responsible for the file is the Secretary of State for Economy and Support to the Company, acting as the controller of the treatment on behalf of the Executive Service of the Commission on the Prevention of Money Laundering and Monetary infringements, as set out in Article 43 of Law 10/2010 of 28 April, on the prevention of money laundering and terrorist financing, and on Article 50.2 of the implementing regulation, approved by Royal Decree 304/2014, dated May 5.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, December 29, 2014. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.

ANNEX

File: Financial Entitlements File

First. Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a) File Identification: Financial Entitlements File.

b) Purpose and intended uses: Prevent and prevent money laundering and terrorist financing.

Second. Origin of the data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or to be obliged to supply them, the procedure for the collection of the data, and their provenance.

(a) Collective: Holders, real holders, representatives or authorised persons and any other persons with powers of provision in current accounts, savings accounts, securities accounts or time deposits, irrespective of their trade name.

b) Collection procedure: Electronic data transmission via Editran, from credit institutions in Spain to the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Infringements through its representative to the Executive Service.

Third. Basic structure of the file and the treatment system used in your organization.

(a) Structure: Data identifying the holders, actual holders, representatives or authorised persons and any other persons with powers of disposal (name and surname or social name; type and number of documents identification number (Spanish tax identification number; other identification documents); date of birth or constitution; country of nationality; country of origin of the identification document; country of residence declared; condition in which they are involved and date of initiation and, where appropriate, the end of the intervention; type and numbering of the account or the deposit and date of opening and, if applicable, cancellation.

b) Treatment system: Automated.

Fourth. Communications of the intended data.

The data communications will be made to Judges of Instruction, Fiscal Ministry, Forces and Security Corps, National Intelligence Center, State Tax Administration Agency, and the Executive Branch of the Commission.

Fifth. Planned international transfers to third countries.

The Executive Service of the Commission, in its capacity as the controller of the Ministry of State for Economic Affairs and Support to the Company, does not intend to make international transfers.

Sixth. Organs responsible for the file and its treatment.

a) Responsible for the file: Secretary of State for Economy and Support to the Company.

b) Charged with the treatment: Executive Service of the Commission on the Prevention of Money Laundering and Monetary Violations.

Seventh. Services or units to which the rights of access, rectification, cancellation and opposition may be exercised.

The rights of access, rectification, cancellation and opposition may be exercised before the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Violations (Calle Alcala, 48, 28014 Madrid). According to article 32.3 of Law 10/2010, of April 28, the rules contained in the LOPD regarding the exercise of rights of access, rectification, cancellation and opposition shall not apply to the file of Financial Entitlements. In the case of the exercise of such rights by the person concerned, the Executive Service shall limit itself to the provisions of that Article.

Eighth. Security level.

High-level security measures will be applied to the Financial Entitlements File.