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In this act Article 6 of 7

Article 6 — Specific provisions for complaints handling involving third-party entities

Financial servicesLevel 2RTSMiCAIn forceOfficial source

6(1)

1.Where the tokens have been distributed, totally or partially, through third-party entities, issuers of asset-referenced tokens shall ensure that:

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6(1)(a)
a)the third-party entities notify them in a timely manner of any complaints received regarding the distribution of such tokens and transfer them to the issuer of asset-referenced tokens that shall assess such complaints;
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6(1)(b)
b)they notify the third-party entities distributing such tokens in a timely manner of any complaints received by the issuer of asset-referenced tokens regarding the distribution of those tokens.\
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6(2)

2.The third-party entities shall:

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6(2)(a)
a)allow complainants to:
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6(2)(a)(i)
i)submit complaints by electronic means or in paper form;
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6(2)(a)(ii)
ii)file complaints free of charge;
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6(2)(b)
b)acknowledge receipt of a complaint regarding the distribution of such tokens clearly mentioning the date of its receipt and, where an electronic complaint form is filed, provide the complainant with a copy of the complaint;
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6(2)(c)
c)provide the contact details of issuers of asset-referenced tokens to the complainant, to allow the complainant to have the option to file complaints directly with issuers of asset-referenced tokens;
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6(2)(d)
d)develop and make available to holders of asset-referenced tokens the same template for filing complaints as the issuer of asset-referenced tokens, using the template set out in the Annex;
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6(2)(e)
e)record internally, in an appropriate manner through a secure electronic register, all complaints received and any measures taken in response thereto for a reasonable period of time and in any event no longer than permitted under national timing requirements, where applicable;
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6(2)(f)
f)provide the complainant with a privacy notice to accompany the template set out in the Annex to this Regulation, in accordance with Articles 13 and 14 of Regulation (EU) 2016/679.\
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