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Regulation (EU) No 1024/2012 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (Text with EEA relevance)

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Changes over time for: Regulation (EU) No 1024/2012 of the European Parliament and of the Council (without Annexes)

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[F1CHAPTER IU.K.GENERAL PROVISIONS

[F2Article 1U.K. Subject matter

This Regulation lays down rules for the use of an Internal Market Information System (‘IMI’) for administrative cooperation among the IMI actors, including the processing of personal data.]

Textual Amendments

Article 2U.K.Establishment of IMI

IMI is hereby formally established.

Article 3U.K.Scope

[F31.IMI shall be used for exchanges of information, including of personal data, among the IMI actors and for the processing of that information for the purposes of administrative cooperation required in accordance with the provisions of the legislation listed in the Annex.]

F42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Article 4U.K.Expansion of IMI

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Textual Amendments

Article 5U.K.Definitions

[F6For the purposes of this Regulation, the definitions laid down in the UK GDPR as supplemented by the Data Protection Act 2018 shall apply.]

In addition, the following definitions shall also apply:

(a)

[F2‘IMI’ means the electronic tool provided by the Commission to facilitate administrative cooperation among the IMI actors;]

(b)

[F2‘administrative cooperation’ means the collaboration between IMI actors by exchanging and processing information for the purpose of better application of [F7the legislation listed in the Annex];]

(c)

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

‘administrative cooperation procedure’ means a pre-defined workflow provided for in IMI allowing IMI actors to communicate and interact with each other in a structured manner;

(e)

‘IMI coordinator’ means a body appointed by a Member State [F9or the United Kingdom] to perform support tasks necessary for the efficient functioning of IMI in accordance with this Regulation;

(f)

‘competent authority’ means any body established at either national, regional or local level and registered in IMI with specific responsibilities relating to the application of [F10the legislation listed in the Annex];

(g)

[F2‘IMI actors’ means the competent authorities, the IMI coordinators, the Commission and the Union bodies, offices and agencies;]

(h)

‘IMI user’ means a natural person working under the authority of an IMI actor and registered in IMI on behalf of that IMI actor;

(i)

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)

‘blocking’ means applying technical means by which personal data become inaccessible to IMI users via the normal interface of IMI;

(k)

‘formal closure’ means applying the technical facility provided by IMI to close an administrative cooperation procedure;

(l)

[F12‘the Information Commissioner’ means the Information Commissioner provided for under section 114 of the Data Protection Act 2018;

(m)

‘the UK GDPR’ has the meaning given in section 3(10) of the Data Protection Act 2018.]

Textual Amendments

Textual Amendments

CHAPTER IIU.K.FUNCTIONS AND RESPONSIBILITIES IN RELATION TO IMI

Article 6U.K.IMI coordinators

1.[F13The Secretary of State] shall appoint one national IMI coordinator whose responsibilities shall include:

(a)registering or validating registration of IMI coordinators and competent authorities;

(b)acting as the main contact point for IMI actors of the [F14United Kingdom] for issues relating to IMI, including providing information on aspects relating to the protection of personal data in accordance with this Regulation;

(c)acting as interlocutor of the Commission for issues relating to IMI including providing information on aspects relating to the protection of personal data in accordance with this Regulation;

(d)providing knowledge, training and support, including basic technical assistance, to IMI actors of the [F15United Kingdom];

(e)ensuring the efficient functioning of IMI as far as it is within their control, including the provision of timely and adequate responses by IMI actors of the [F16United Kingdom] to requests for administrative cooperation.

2.[F17The Secretary of State] may, in addition, appoint one or more IMI coordinators in order to carry out any of the tasks listed in paragraph 1, in accordance with its internal administrative structure.

[F183.The Secretary of State shall inform the Commission of the IMI coordinators appointed in accordance with paragraphs 1 and 2 and of the tasks for which they are responsible.]

4.All IMI coordinators may act as competent authorities. In such cases an IMI coordinator shall have the same access rights as a competent authority. Each IMI coordinator shall be a controller with respect to its own data processing activities as an IMI actor.

Textual Amendments

Article 7U.K.Competent authorities

1.When cooperating by means of IMI, competent authorities, acting through IMI users in accordance with administrative cooperation procedures, shall ensure that, in accordance with the applicable [F19legislation listed in the Annex], an adequate response is provided within the shortest possible period of time, and in any event within [F20any deadline set by that legislation].

2.A competent authority may invoke as evidence any information, document, finding, statement or certified true copy which it has received electronically by means of IMI, on the same basis as similar information obtained in [F21the United Kingdom], for purposes compatible with the purposes for which the data were originally collected.

3.Each competent authority shall be a controller with respect to its own data processing activities performed by an IMI user under its authority and shall ensure that data subjects can exercise their rights in accordance with Chapters III and IV, where necessary, in cooperation with the Commission.

Textual Amendments

F22Article 8U.K.Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 9U.K.Access rights of IMI actors and users

1.Only IMI users shall have access to IMI.

[F232.The Secretary of State shall designate the IMI coordinators and competent authorities and the areas in which they have competence.]

3.Each IMI actor [F24of the United Kingdom] shall grant and revoke, as necessary, appropriate access rights to its IMI users in the F25... area for which it is competent.

[F24.Appropriate means shall be put in place by the [F26Secretary of State and United Kingdom] bodies, offices and agencies to ensure that IMI users [F27of the United Kingdom] are allowed to access personal data processed in IMI only on a need-to-know basis and within the F28... area or areas for which they were granted access rights in accordance with paragraph 3.]

5.The use of personal data processed in IMI for a specific purpose in a way that is incompatible with that original purpose shall be prohibited, unless explicitly provided for by [F29domestic law].

6.Where an administrative cooperation procedure involves the processing of personal data, only the IMI actors participating in that procedure shall have access to such personal data.

Textual Amendments

Article 10U.K.Confidentiality

[F301.IMI actors and IMI users of the United Kingdom shall be subject to the rules of professional secrecy or other equivalent duties of confidentiality in accordance with the law of the United Kingdom.]

2.IMI actors [F31of the United Kingdom] shall ensure that requests of other IMI actors for confidential treatment of information exchanged by means of IMI are respected by IMI users working under their authority.

Textual Amendments

[F32Article 11U.K.Administrative cooperation procedures

IMI shall be based on administrative cooperation procedures implementing the provisions of the legislation listed in the Annex.]

Textual Amendments

F33Article 12U.K.External actors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER IIIU.K.PROCESSING OF PERSONAL DATA AND SECURITY

Article 13U.K.Purpose limitation

IMI actors [F34of the United Kingdom] shall exchange and process personal data only for the purposes defined in the relevant provisions of [F35any legislation] listed in the Annex.

Data submitted to IMI by data subjects shall only be used for the purposes for which the data were submitted.

Textual Amendments

Article 14U.K.Retention of personal data

1.Personal data processed in IMI shall be blocked in IMI as soon as they are no longer necessary for the purpose for which they were collected, depending on the specificities of each type of administrative cooperation and, as a general rule, no later than six months after the formal closure of the administrative cooperation procedure.

However, if a longer period is provided for in [F36any legislation] listed in the Annex, personal data processed in IMI may be retained for a maximum of 18 months after the formal closure of an administrative cooperation procedure.

2.Where a repository of information for future reference by IMI actors is required pursuant to [F37any legislation] listed in the Annex, the personal data included in such a repository may be processed for as long as they are needed for this purpose either with the data subject’s consent or where this is provided for in that [F38legislation].

3.Personal data blocked pursuant to this Article shall, with the exception of their storage, only be processed for purposes of proof of an information exchange by means of IMI with the data subject’s consent, unless processing is requested for overriding reasons in the public interest.

4.The blocked data shall be automatically deleted in IMI three years after the formal closure of the administrative cooperation procedure.

5.At the express request of a competent authority in a specific case and with the data subject’s consent, personal data may be deleted before the expiry of the applicable retention period.

F396.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 15U.K.Retention of personal data of IMI users

1.By way of derogation from Article 14, paragraphs 2 and 3 of this Article shall apply to the retention of personal data of IMI users [F41of the United Kingdom]. Those personal data shall include the full name and all electronic and other means of contact necessary for the purposes of this Regulation.

2.Personal data relating to IMI users shall be stored in IMI as long as they continue to be users of IMI and may be processed for purposes compatible with the objectives of this Regulation.

3.When a natural person ceases to be an IMI user, the personal data relating to that person shall be blocked by technical means for a period of three years. Those data shall, with the exception of their storage, only be processed for purposes of proof of an information exchange by means of IMI and shall be deleted at the end of the three-year period.

Textual Amendments

F42Article 16U.K.Processing of special categories of data

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 17U.K.Security

F431.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F432.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F433.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.IMI actors [F44of the United Kingdom] shall take all procedural and organisational measures necessary to ensure the security of personal data processed by them in IMI in accordance with [F45Articles 5(1)(f), 28 and 32 of the UK GDPR.]

Textual Amendments

CHAPTER IVU.K.RIGHTS OF DATA SUBJECTS AND SUPERVISION

Article 18U.K.Information to data subjects and transparency

1.IMI actors [F46of the United Kingdom] shall ensure that data subjects are informed about processing of their personal data in IMI as soon as possible and that they have access to information on their rights and how to exercise them, including the identity and contact details of the controller and of the controller’s representative, if any, in accordance with [F47Articles 13 and 14 of the UK GDPR].

F482.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 19U.K.Right of access, correction and deletion

1.IMI actors [F49of the United Kingdom] shall ensure that data subjects may effectively exercise their right of access to data relating to them in IMI, and the right to have inaccurate or incomplete data corrected and unlawfully processed data deleted, in accordance with [F50any enactment]. The correction or deletion of data shall be carried out as soon as possible, and at the latest 30 days after the request by the data subject is received by the IMI actor responsible.

2.Where the accuracy or lawfulness of data blocked pursuant to Article 14(1) is contested by the data subject, this fact shall be recorded, as well as the accurate, corrected information.

Textual Amendments

F51Article 20U.K.Exceptions and limitations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 21U.K.Supervision

[F521.The Information Commissioner shall independently monitor the lawfulness of the processing of personal data by the IMI actors of the United Kingdom and, in particular, shall ensure that the rights of data subjects set out in this Chapter are protected in accordance with this Regulation.]

F532.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F543.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F554.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER VU.K.GEOGRAPHIC SCOPE OF IMI

F56Article 22U.K.National use of IMI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 23U.K.Information exchange with third countries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER VIU.K.FINAL PROVISIONS

F56Article 24U.K.Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 25U.K.Monitoring and reporting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 26U.K.Costs

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 27U.K.Repeal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 28U.K.Effective application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 29U.K.Exceptions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 30U.K.Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56...]

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