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Ordinance on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (Financial Market Infrastructure Ordinance, FinMIO)
Art.64Procedure
(Art. 77 and 78 FinMIA)
1 The access of authorities shall be structured in line with the communication protocols, data exchange standards and reference data that are commonplace at the international level.
2 The authorities must take suitable measures to ensure that only the employees who directly require the data for exercising their activities gain access to the data.
3 The trade repository shall provide the authorities with a form for their enquiries in which the following information is required:
a.
details of the authority;
b.
reason for the data enquiry and relevance to its mandate;
c.
legal basis for the data enquiry;
d.
a description of the data it is requesting;
e.
an illustration of the measures it has taken to ensure the confidentiality of data received.
4 From foreign authorities, it shall additionally request confirmation that an agreement is in place between the foreign and Swiss authorities in accordance with Article 78 paragraph 1 FinMIA.
5 The trade repository shall keep a record of information on data access.