Shearman & Sterling LLP | FinReg | Final EU Technical Standards on Cooperation Arrangements with Third-Country Regulators on Market Abuse Issues
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  • Final EU Technical Standards on Cooperation Arrangements with Third-Country Regulators on Market Abuse Issues
    10/08/2019
    The European Securities and Markets Authority has published a final report and final draft Regulatory Technical Standards on supervisory cooperation between EU national regulators and third-country national regulators. The Market Abuse Regulation requires national regulators, where necessary, to enter into cooperation arrangements with supervisory authorities in non-EU countries for the exchange of information and enforcement of market abuse obligations. ESMA is charged with preparing draft RTS containing a template for those cooperation arrangements. ESMA's template provides a flexible approach for national regulators by allowing only parts of the template to be used, depending on what is deemed as necessary by a national regulator.

    ESMA's preparation of the draft RTS was delayed so that ESMA could take into account the entry into force of the EU General Data Protection Regulation. The draft RTS requires national regulators to have safeguards in place for the transfer of data from the EU to a third-country where the transfer of data takes place in the usual course of business and practice, and in the absence of an equivalence decision.

    The final draft RTS have been submitted to the European Commission for adoption.

    View the final report and draft RTS.

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