Please note that, as set out in section 5.8.7 of the Participation Agreement between OBP and EMVO, OBPs are only permitted to upload data on their own behalf and/or on behalf of their affiliates. An affiliate is defined, in relation to a party, as any entity that Controls, is Controlled by, or is under common Control with that party.
“Control” and its derivatives mean the direct or indirect ownership of 50% or more of the entity, or the statutory or de facto authority to exercise a decisive influence over the appointment of the majority of directors or managers, or over the entity’s policy direction, provided that such control is sufficiently demonstrated to EMVO, at its sole discretion.
A MAH may delegate the upload of data to the EU Hub to another entity, provided that the above definition of affiliation between the two entities is fulfilled.