(Status 01.03.2024, subject to change due to pending implementing regulations, in which case the information below will be amended)
The Authority shall, upon request of the data intermediation services provider, certify by means of an official certificate (hereinafter referred to as "certificate of compliance") that the registered data intermediation services provider complies with the conditions set out in Articles 11 and 12 of the Data Governance Act, and deviating from the Hungarian Code of General Administrative Procedure (https://njt.hu/jogszabaly/en/2016-150-00-00), the purpose of the use of the certificate of compliance does not need to be indicated in the application. Upon receipt of the certificate of compliance, the data intermediation services provider may use the title "data intermediation services provider recognised in the Union" in its written and spoken communications and the common logo as specified in the Commission Implementing Regulation (EU) 2023/1622 (https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1706706656294&uri=CELEX%3A32023R1622).
As long as no dedicated online interface is provided on the website of the Authority, the application shall be in the form and content required for legal persons subject to electronic administration under the Hungarian Code of General Administrative Procedure (https://njt.hu/jogszabaly/en/2016-150-00-00) and shall be submitted through ePapír service (template "Egyéb (NAIH)" under the menu item "Nemzeti Adatvédelmi és Információszabadság Hatóság eljárásai" on https://epapir.gov.hu/).
In addition to the information specified in the Hungarian Code of General Administrative Procedure (data and contact details necessary to identify the client and its representative), the application must contain at least the data and documents proving compliance with the conditions set out in Articles 11 and 12 of the Data Governance Act.
Before issuing the certificate of compliance, the Authority shall verify compliance with the conditions set out in Articles 11 and 12 of the Data Governance Act in the framework of the general application procedure under the Hungarian Code of General Administrative Procedure, and may, if necessary, request further statements and evidence from the applicant, if the documents attached to the application are not sufficient for a decision.
In the course of the procedure, the Authority may, in addition to the cases provided for in the Hungarian Code of General Administrative Procedure, suspend the official proceedings it is conducting if
- it raises a question which falls within the competence of another body or person, or
- without another decision or procedure of the Authority closely related to the case in question, the case cannot be decided on the merits.
The deadline for the procedure for issuing a certificate of compliance is 150 days.
(The procedure is subject to the payment of a procedural fee at the rate specified in a ministerial decree. This ministerial decree has not yet been issued, so the procedure is currently free of charge.)
