The present Privacy Policy applies to the statutory tasks and services of the FSMA and to the website www.fsma.be, and any other websites referred to under the domain name ‘.fsma.be’ (hereafter ‘the Website’), on the understanding that:
- this Privacy Policy does not apply to the processing of personal data governed by a specific privacy policy, such as the ones for Wikifin and for the FSMA’s recruitment site;
- certain types of processing activities are described in greater detail in a specific privacy policy available via the FSMA’s website (see the list of privacy policies or the relevant FAQs, such as those for the point of contact for whistleblowers or for persons reporting integrity infringements). In such cases, the specific privacy policy takes precedence over this general Privacy Policy.
The Privacy Policy must be read in conjunction with our Cookie Policy. For more information on the use of cookies, please see the Cookie Policy.
The present Policy is intended to inform you about the collection and use of your personal data by the FSMA, in accordance with the latter’s obligation under the GDPR to provide information. It should be noted that the GDPR provides for certain exceptions to that obligation. These include, in particular, cases where your data were obtained from a third party and (i) the data must remain confidential subject to our legal obligation of professional secrecy, (ii) obtaining or disclosing said data is expressly laid down by a law to which the FSMA is subject and which provides appropriate measures to protect your legitimate interests, or (iii) where informing you is likely to render impossible or seriously impair the achievement of the objectives of the processing of your Data.
Furthermore, the FSMA enjoys specific derogations from the obligation to provide information, as regards the cases referred to in Articles 46bis and 46ter of the Law of 2 August 2002 on the supervision of the financial sector and on financial services (hereafter ‘the Law of 2 August 2002’). These include, in particular, cases where the FSMA acts (i) to exercise its powers as laid down in Article 87quinquies of the Law of 2 August 2002 (‘mystery shopping’), where such data are obtained from the data subject, (ii) within the framework of the administrative sanction procedures concerning the matters referred to in Article 45 of the Law of 2 August 2002 and with a view to imposing the administrative measures and fines referred to in Article 59 of the Law of 7 December 2016 on the organization of the profession and on the public supervision of auditors, or (iii) in its capacity of administrative authority within the meaning of Article 22quinquies of the Law of 11 December 1998 on security classification, security clearances and security advice.