Holder control procedure pursuant to Section 2c of the Banking Act Information on data processing
The Deutsche Bundesbank processes personal data to the extent necessary to fulfil its legal obligations. These data include data that the Deutsche Bundesbank has collected about you. With a view to providing details on data processing, notifying you of your rights and complying with its requirement to provide information pursuant to Articles 13 and 14 of the EU General Data Protection Regulation (GDPR), the Deutsche Bundesbank hereby informs you of the following:
1. Contact address
60431 Frankfurt am Main
Postfach 10 06 02
60006 Frankfurt am Main
Telefon: +49 69 9566-0
Fax: +4969 9566-3077
2. Purpose of processing
To authorise the acquisition of a major participating interest in an institution. To assess the trustworthiness of new representatives or general partners appointed in accordance with the law or the articles of association.
3. Legal basis for data collection
Section 2c of the Banking Act (Kreditwesengesetz) in conjunction with the holder control procedure.
4. Categories of personal data processed
The categories of personal data processed are as follows:
Names, addresses, contact details, CVs, information on the trustworthiness of the acquirer or their legal representative – if the acquirer is a legal person – or, in the case of a partnership, the general partner as well as the future managing director, information on the professional qualifications of the future managing director, proof of identity, information on business activities, information on the origins of own and external funds, information on participatory relationships, group membership and other opportunities for influence, information on acquisition interests, information on financial situation and creditworthiness, business plan, information on strategy, information on plans.
5. Intention to transmit personal data to recipients in a third country or to an international organisation
It is not the intention of the Deutsche Bundesbank to transmit your data to a recipient in a third country (countries outside the European Union and the European Economic Area) or to an international organisation.
6. Data recipients
Your data are processed within the Deutsche Bundesbank by the responsible members of staff. Furthermore, in the context of cooperation on supervisory activities, the data are transmitted to the Federal Financial Supervisory Authority (BaFin) and/or to the European Central Bank (ECB).
7. Duration of data retention
8. Your rights as the data subject
You, as the data subject, have the right of access (Article 15 of the GDPR), the right to rectification (Article 16 of the GDPR), the right to erasure (Article 17 of the GDPR), the right to restriction of processing (Article 18 of the GDPR), the right to data portability (Article 20 of the GDPR) and the right to object (Article 21 of the GDPR). You also have the right to lodge a complaint with the competent supervisory authority, the Federal Commissioner for Data Protection and Freedom of Information.
9. Existence of automated decision-making (including profiling)
No automated decision-making takes place.
10. Source of personal data
Where data are not collected by you as the requesting party, the data source is the reporting institution or a person authorised to represent the institution.
11. Basis for the provision of your data and consequences of failure to provide personal data
Section 2c of the Banking Act in conjunction with the Holder Control Regulation (Inhaberkontrollverordnung)
The intention to acquire a major participating interest in an institution must be reported in writing to BaFin and the Bundesbank pursuant to Section 2c of the Banking Act in conjunction with the Holder Control Regulation. The information is required to assess the intended acquisition of a major participating interest. The culpable breach of notification obligations constitutes an administrative offence carrying a fine of up to €5,000,000 (Section 56(2) number 1 letter (a) and (6) number 1 of the Banking Act). Furthermore, if the report does not comply with requirements, this can result in the intended acquisition being denied (see Section 2c(1a) sentence 2 of the Banking Act) or, if the acquisition has already been completed, in a loss of voting rights, restriction of access to the shares, appointment of a trustee, as well as an order to sell the shares (see Section 2c(2) of the Banking Act).