BCEAO Instruction No. 015-12-2015 on Database and Electronic Backup Transfer for Credit Information Bureaux

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The Governor of the Central Bank of West African States (BCEAO), Having regard to the Treaty of the West African Monetary Union (WAMU) dated January 20, 2007, particularly Article 34; Having regard to the Statutes of the Central Bank of West African States (BCEAO), annexed to the WAMU Treaty dated January 20, 2007, particularly Articles 30 and 59; Having regard to the Uniform Act regulating Credit Information Bureaux in the member states of WAMU, particularly Articles 8, 9, 10, 29, 41, 64 and 76, HEREBY DECIDES

Article 1: Subject Matter This Instruction sets out the procedures for transferring to the BCEAO the database and electronic backups of Credit Information Bureaux, as well as all their representative offices in the WAMU states, in the event of withdrawal of their authorization.

Article 2: Procedures for Transfer of Database and Electronic Backups In the event of withdrawal of authorization, Credit Information Bureaux shall transfer their database and electronic backups, along with all information necessary for the operation of these data, in accordance with guidelines defined by the Central Bank.

Credit Information Bureaux shall take all appropriate measures to ensure that no copy of the data transferred to the Central Bank remains in their information systems. They shall also ensure that no copy of these data remains available to any natural or legal person with whom they have established relations in the course of their activities.

Avenue Abdoulaye FADIGA BP 3108 – Dakar - Sénégal Tél. : (221) 33 839 05 00 / Fax : (221) 33 823 93 35 www.bceao.int

INSTRUCTION NO. 015-12-2015 SETTING OUT THE PROCEDURES FOR TRANSFER OF DATABASE AND ELECTRONIC BACKUPS OF CREDIT INFORMATION BUREAUX TO THE BCEAO IN CASE OF WITHDRAWAL OF AUTHORIZATION The Governor 2 Credit Information Bureaux shall draw up an official record signed by authorized persons, upon the actual transfer of the database and electronic backups to the BCEAO.

Article 3: Time Limits for Transfer of Database and Electronic Backups When withdrawal of authorization is pronounced due to serious or repeated infringements of regulations applicable to Credit Information Bureaux, the transfer of the database and backups referred to in Article 1 above shall be completed no later than seven days after the date of cessation of activities set in the withdrawal decision.

In cases where withdrawal of authorization is pronounced due to failure to effectively commence activities within the statutory twenty-four-month period or following a finding of cessation of activities for at least one year, the transfer of the database and backups must be completed no later than seven days after notification of the withdrawal decision.

The transfer of the database and backups must be carried out without delay, prior to any merger by absorption, division, or creation of a new company resulting in the transfer of the Credit Information Bureau's registered office outside the WAMU member states.

The time limits referred to in the first and second paragraphs above may be extended by the Central Bank upon a reasoned request from the Credit Information Bureau, for a period not exceeding seven days.

Article 4: Compliance with Rules and Sanctions Non-compliance with the rules set out in this Instruction shall be sanctioned, in accordance with the provisions of the Uniform Act regulating Credit Information Bureaux in the WAMU member states, without prejudice to the legislative and regulatory provisions in force in the state of establishment.

Article 5: Entry into Force This Instruction shall enter into force on the date of its signature. It shall be published where necessary.

Done in Dakar, on December 30, 2015 Tiémoko Meyliet KONE