Common use of Data Contribution Clause in Contracts

Data Contribution. 7.1 In accordance with the terms and conditions of this Agreement and without prejudice to any regulatory obligation on the part of the Participant, the Participant shall provide EEX AG with all information required by EEX AG to report in a complete, accurate and timely manner and in accordance with the requirements under MiFID II/MiFIR, the respective applicable national implementing legislation of MiFID II/MiFIR, applicable delegated acts of the European Commission, the procedures, standards and electronic formats published by ESMA and the respective rules and regulations of EEX in their respective valid version (“Data Contribution”). Such information comprises the data provided by the Participant in the Participation Form (“Master Data”) and the data outlined in more detail in the Description (“Required Data”). 7.2 In order to facilitate Data Contribution by the Reporting Participant under Schemes 1 and 3, EEX AG will provide the Participant with MiFID Instrument Files and Draft Reports relating to transactions concluded at EEX via order book or trade registration (“Draft Transaction Report”) and to positions resulting from those transactions (“Draft Position Report”). The Participant may use the MiFID Instrument File in its ordinary course of business, provided that the MiFID Instrument File is not made publicly available or otherwise onward disseminated to third parties. The draft reports (“Draft Reports”) are created on Participant level, more specifically for each ECC Member ID, and based on the available data received from EEX’s electronic trading systems, from ECC AG’s clearing system and from the Participant (including, but not limited to, its Master Data). 7.3 EEX AG shall use reasonable efforts to ensure (i) that the data included in Draft Report accurately and completely reflects the relevant and available data received from EEX’s electronic trading systems, from ECC AG’s clearing system or from the Participant and (ii) that the Draft Report is made available to the Participant in a timely manner. Any further responsibility of EEX AG for the correctness, completeness and timeliness of the Draft Report shall not be considered part of EEX AG's contractual obligations. 7.4 The Draft Transaction Report will be based on end-of-day status, i.e. new trades are reported for the ultimate counterparties, excluding lifecycle events, which are not reported. The Draft Position Report will be based on end-of-day position data. 7.5 The Participant shall verify the completeness and accuracy of the Draft Report and – if needed 7.6 For the avoidance of doubt, Section 7.5 applies in case a give-up by a Participant that is admitted to EEX as trading broker is not completed successfully. 7.7 Should EEX AG provide the Draft Reports after 12:00 a.m. CE(S)T on the Reporting Day, the Reporting Participant shall perform its obligations under Section 7.5 above as soon as reasonably possible thereafter. 7.8 For the avoidance of doubt, EEX AG shall have no obligation to verify the Participant Report in terms of accuracy, completeness or otherwise. Although, EEX AG reserves the right to (i) execute spot checks of Participant Reports to evaluate the Data Contribution of Participants in relation to the Required Data and (ii) inform the Management Board of the Exchange of EEX AG and the competent authority of any discrepancies. 7.9 EEX AG validates all Participant Reports in relation to certain aspects as outlined in more detail in the Description. The system may automatically correct certain inconsistencies between the Participant Report and the MiFID Instrument File in which case the Participant will receive a warning for the concerned position shown in the acknowledgement file deployed on the Reporting Services SFTP server. Other non-compliances with technical aspects may result in a rejection of the Participant Report as outlined more specifically in the Description. 7.10 Only in the event that a Participant Report fails the validation process or is not provided in time, the Draft Report of the respective Business Day will be – as a rule – submitted. This does not release the Participant from its obligation to submit a proper Participant Report later on. 7.11 If a Participant submits a Participant Report after 02:00 p.m. CE(S)T on the Reporting Day and EEX AG – in accordance with Section 8.2 – did not consider this Participant Report in its submission to the competent authority on that Reporting Day, EEX AG will resubmit this report to the competent authority. In this regard, EEX AG may charge a fee dependent on the day of the contribution of the Participant Report in accordance with the List of Services and Prices of EEX AG.

Data Contribution. ‌ 7.1 In accordance with the terms and conditions of this Agreement and without prejudice to any regulatory obligation on the part of the Participant, the Participant shall provide EEX AG with all information required by EEX AG to report in a complete, accurate and timely manner and in accordance with the requirements under MiFID II/MiFIR, the respective applicable national implementing legislation of MiFID II/MiFIR, applicable delegated acts of the European Commission, the procedures, standards and electronic formats published by ESMA and the respective rules and regulations of EEX in their respective valid version (“Data Contribution”). Such information comprises the data provided by the Participant in the Participation Form (“Master Data”) and the data outlined in more detail in the Description (“Required Data”). 7.2 In order to facilitate Data Contribution by the Reporting Participant under Schemes 1 and 3, EEX AG will provide the Participant with MiFID Instrument Files and Draft Reports relating to transactions concluded at EEX via order book or trade registration (“Draft Transaction Report”) and to positions resulting from those transactions (“Draft Position Report”). The Participant may use the MiFID Instrument File in its ordinary course of business, provided that the MiFID Instrument File is not made publicly available or otherwise onward disseminated to third parties. The draft reports (“Draft Reports”) are created on Participant level, more specifically for each ECC Member ID, and based on the available data received from EEX’s electronic trading systems, from ECC AG’s clearing system and from the Participant (including, but not limited to, its Master Data). 7.3 EEX AG shall use reasonable efforts to ensure (i) that the data included in Draft Report accurately and completely reflects the relevant and available data received from EEX’s electronic trading systems, from ECC AG’s clearing system or from the Participant and (ii) that the Draft Report is made available to the Participant in a timely manner. Any further responsibility of EEX AG for the correctness, completeness and timeliness of the Draft Report shall not be considered part of EEX AG's contractual obligations. 7.4 The Draft Transaction Report will be based on end-of-day status, i.e. new trades are reported for the ultimate counterparties, excluding lifecycle events, which are not reported. The Draft Position Report will be based on end-of-day position data. 7.5 The Participant shall verify the completeness and accuracy of the Draft Report and – if needed 7.6 For the avoidance of doubt, Section 7.5 applies in case a give-up by a Participant that is admitted to EEX as trading broker is not completed successfully. 7.7 Should EEX AG provide the Draft Reports after 12:00 a.m. CE(S)T on the Reporting Day, the Reporting Participant shall perform its obligations under Section 7.5 above as soon as reasonably possible thereafter. 7.8 For the avoidance of doubt, EEX AG shall have no obligation to verify the Participant Report in terms of accuracy, completeness or otherwise. Although, EEX AG reserves the right to (i) execute spot checks of Participant Reports to evaluate the Data Contribution of Participants in relation to the Required Data and (ii) inform the Management Board of the Exchange of EEX AG and the competent authority of any discrepancies. 7.9 EEX AG validates all Participant Reports in relation to certain aspects as outlined in more detail in the Description. The system may automatically correct certain inconsistencies between the Participant Report and the MiFID Instrument File in which case the Participant will receive a warning for the concerned position shown in the acknowledgement file deployed on the Reporting Services SFTP server. Other non-compliances with technical aspects may result in a rejection of the Participant Report as outlined more specifically in the Description. 7.10 Only in the event that a Participant Report fails the validation process or is not provided in time, the Draft Report of the respective Business Day will be – as a rule – submitted. This does not release the Participant from its obligation to submit a proper Participant Report later on. 7.11 If a Participant submits a Participant Report after 02:00 p.m. CE(S)T on the Reporting Day and EEX AG – in accordance with Section 8.2 – did not consider this Participant Report in its submission to the competent authority on that Reporting Day, EEX AG will resubmit this report to the competent authority. In this regard, EEX AG may charge a fee dependent on the day of the contribution of the Participant Report in accordance with the List of Services and Prices of EEX AG.