I. – Where the persons referred to in Article L. 561-2 are part of a group within the meaning of Article L. 511-20, a financial conglomerate within the meaning of Article L. 517-3, a group within the meaning of Articles L. 322-1-2, L. 322-1-3 and L. 356-2 of the French Insurance Code, within the meaning ofArticle L. 111-4-2 of the French Mutual Code or within the meaning ofArticle L. 931-2-2 of the Social Security Code, or a group defined as a set of companies one of which controls the others within the meaning ofArticle L. 233-3 of the Commercial Code, they shall put in place at group level an organisation and procedures which take account of the risks identified by the risk classification referred to in Article L. 561-4-1. The organisation and procedures at group level are defined by the parent undertaking of the group when it has its registered office in France.
These procedures provide for the sharing of information within the group, including for the application of Article L. 511-34, the protection of personal data and internal control measures.
II. – 1° The persons referred to in Article L. 561-2 and, where applicable, the parent undertaking of the group shall apply measures equivalent to those provided for in this chapter in their branches and subsidiaries located in third countries with regard to customer due diligence, the sharing and retention of information and the protection of data;
2° When locally applicable law does not allow them to implement the equivalent measures mentioned above in their branches and subsidiaries located in third countries, they shall ensure that these branches and subsidiaries apply specific due diligence measures. They shall inform the department referred to in Article L. 561-23 and the supervisory authority referred to in Article L. 561-36 to which they are subject. If it considers that the specific measures are insufficient, this supervisory authority shall impose additional supervisory measures, requiring in particular that the group does not establish or terminate business relationships, that it does not carry out transactions and, where applicable, that it ceases its activities in the third country concerned;
3° The persons mentioned in Article L. 561-2 who operate branches in another Member State of the European Union or party to the Agreement on the European Economic Area shall ensure that these branches comply with the provisions applicable in that State.
III. – The provisions of this Article do not apply to the persons referred to in Article L. 561-2 who are part of a group whose parent undertaking is a mixed-activity holding company or a mixed-activity parent undertaking of a finance company as defined in Article L. 517-4-1 or a mixed-activity insurance group company as defined in Article L. 322-1-2 of the French Insurance Code.