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DGAa.35 Monitor compliance

 

Art. 21 DGA:

 

"1. The competent authority for the registration of data altruism organisations shall monitor and supervise compliance of entities entered in its public national register of recognised data altruism organisations with the conditions laid down in this Chapter. The competent authority for the registration of data altruism organisations may also monitor and supervise the compliance of such entities based on the request of natural or legal persons.


2. The competent authority shall have the power to request information from entities included in its public national register of recognised data altruism organisations that is necessary to verify compliance with the provisions of this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.


3. Where the competent authority finds that an entity does not comply with one or more of the requirements of this Chapter it shall notify the entity of those findings and give it the opportunity to state its views, within 30 days.


4. The competent authority shall have the power to require the cessation of the breach referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures aimed at ensuring compliance.


5. If an entity does not comply with one or more of the requirements of this Chapter even after having been notified in accordance with paragraph 3 by the competent authority, the entity shall:

(a) lose its right to refer to itself as a ‘data altruism organisation recognised in the Union’ in any written and spoken communication, such decision shall be made public;

(b) be removed from the public national register of recognised data altruism organisations, and the Union register of recognised data altruism organisations.


6. If an entity included in a public national register of recognised data altruism organisations has its main establishment or legal representative in a Member State but is active in other Member States, the competent authority of the Member State of the main establishment or where the legal representative is located and the competent authorities of those other Member States shall cooperate and assist each other as necessary. Such assistance and cooperation may cover information exchanges between the competent authorities concerned and reasoned requests to take the supervisory measures referred to in this Article. Where a competent authority in one Member State requests assistance from another Member State, it shall submit a duly justified request. The competent authority shall, upon such a request, provide a response without undue delay and within a timeframe proportionate to the urgency of the request. Any information exchanged in the context of assistance requested and provided under this paragraph shall be used only in respect of the matter for which it was requested."

Authors
Winfried Veil
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Last update: 2022-01-13 09:10:18
By: Winfried Veil
Created at: 2022-01-12 17:18:09