Article 98 Data protection

The processing of personal data on the basis of this Regulation for the purposes of ML/TF prevention as referred to in Article 70 of Directive (EU) 2024/1640 and Article 76 of Regulation (EU) 2024/1624 shall be considered necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 of Regulation (EU) 2018/1725 and Article 6 of Regulation (EU) 2016/679.

When drafting guidelines and recommendations in accordance with Article 54, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection. After being authorised by the Commission, the Authority shall also consult the European Data Protection Supervisormeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations.

In accordance with Article 25 of Regulation (EU) 2018/1725, the Authority shall be permitted to adopt internal rules which restrict the application of the rights of data subjects where such restrictions are necessary to the performance of the tasks referred in Article 70 of Directive (EU) 2024/1640 and Article 76 of Regulation (EU) 2024/1624.