> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/tofr/transfer-of-funds-regulation/chapter-v-information-data-protection-record-retention/article-25-data-protection.md).

# Article 25 — Data protection

1. The processing of personal data under this Regulation is subject to Regulation (EU) 2016/679. Personal data that is processed pursuant to this Regulation by the Commission or EBA is subject to Regulation (EU) 2018/1725.
2. Personal data shall be processed by [payment service providers](https://www.mica.wtf/definitions/definitions/tofr/payment-service-provider) and [crypto-asset service providers](https://www.mica.wtf/definitions/definitions/tofr/crypto-asset-service-provider) on the basis of this Regulation only for the purposes of the prevention of [money laundering](https://www.mica.wtf/definitions/definitions/tofr/money-laundering) and [terrorist financing](https://www.mica.wtf/definitions/definitions/tofr/terrorist-financing) and shall not be further processed in a way that is incompatible with those purposes. The processing of personal data on the basis of this Regulation for commercial purposes shall be prohibited.
3. [Payment service providers](https://www.mica.wtf/definitions/definitions/tofr/payment-service-provider) and [crypto-asset](https://www.mica.wtf/definitions/definitions/tofr/crypto-asset) service providers shall provide new clients with the information required pursuant to Article 13 of Regulation (EU) 2016/679 before establishing a business relationship or carrying out an occasional transaction. That information shall be provided in a concise, transparent, intelligible and easily accessible form in accordance with Article 12 of Regulation (EU) 2016/679 and shall, in particular, include a general notice concerning the legal obligations of payment service providers and [crypto-asset service providers](https://www.mica.wtf/definitions/definitions/tofr/crypto-asset-service-provider) under this Regulation when processing personal data for the purposes of the prevention of [money laundering](https://www.mica.wtf/definitions/definitions/tofr/money-laundering) and [terrorist financing](https://www.mica.wtf/definitions/definitions/tofr/terrorist-financing).
4. Payment service providers and [crypto-asset](https://www.mica.wtf/definitions/definitions/tofr/crypto-asset) service providers shall ensure at all times that the transmission of any personal data on the parties involved in a [transfer of funds](https://www.mica.wtf/definitions/definitions/tofr/transfer-of-funds) or a [transfer of crypto-assets](https://www.mica.wtf/definitions/definitions/tofr/transfer-of-crypto-assets) is conducted in accordance with Regulation (EU) 2016/679.\
   \
   The European Data Protection Board shall, after consulting EBA, issue guidelines on the practical implementation of data protection requirements for transfers of personal data to third countries in the context of transfers of crypto-assets. EBA shall issue guidelines on suitable procedures for determining whether to execute, reject, return or suspend a [transfer of crypto-assets](https://www.mica.wtf/definitions/definitions/tofr/transfer-of-crypto-assets) in situations where compliance with data protection requirements for the transfer of personal data to third countries cannot be ensured.


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