| Legislative： |
1.The 15 articles in the main text were established and promulgated in accordance with Jin-Guan-Yin-Fa-Zi Order No. 09810005240 of the Financial Supervisory Commission, Executive Yuan dated October 21, 2009; the Regulations were effective from the date of promulgation. The Executive Yuan Announcement Yuan-Tai-Gui-Zi No. 1010134960 dated June 25, 2012 provides that matters under the jurisdiction of the "Financial Supervisory Commission, Executive Yuan" as listed in Subparagraph 2, Article 3 shall be transferred to the jurisdiction of the "Financial Supervisory Commission" from July 1, 2012.
2.Amendments of Articles 2, 3, 5, and 11 were promulgated in accordance with Jin-Guan-Yin-Fa-Zi Order No. 10310007780 of the Financial Supervisory Commission dated January 9, 2015.
3.Amendments of Article 6 were promulgated in accordance with Jin-Guan-Yin-Fa-Zi Order No. 10510000300 of the Financial Supervisory Commission dated February 19, 2016.
4.Amendments of Article 6 were promulgated in accordance with Jin-Guan-Yin-Piau-Zi Order No. 10002705471 of the Financial Supervisory Commission dated February 26, 2021.
5.Amendments of Article 8 were promulgated in accordance with Jin-Guan-Yin-Piau-Zi Order No. 11102711451 of the Financial Supervisory Commission dated April 20, 2022.
6.Amendments of Article 6 were promulgated in accordance with Jin-Guan-Yin-Fa-Zi Order No. 11402740841 of the Financial Supervisory Commission dated December 17, 2025. |
| Content： |
Article 1
These Regulations are enacted pursuant to Paragraph 3, Article 43 of the Financial Holding Company Act to regulate cross-selling activities (hereinafter referred to as cross-selling) among subsidiaries of a financial holding company and to protect customers’ interests.
Article 2
The term "cross-selling" as used in these Regulations shall mean a certain scope of businesses regarding banking, securities, futures, and insurance conducted by subsidiaries of the same financial holding company at their business premises.
Subsidiaries of a financial holding company that may apply to conduct cross-selling at their business premises pursuant to the provisions of the preceding paragraph shall be the enterprises specified in Subparagraphs 2 through 8, Paragraph 2, Article 36 of the Financial Holding Company Act. However, they do not include reinsurance companies, insurance broker companies, insurance agent companies, securities investment trust enterprises, securities investment consulting enterprises, managed futures enterprises, futures advisory enterprises, futures trust enterprises, and leverage transaction merchants.
Article 3
When a financial holding company applies to conduct cross-selling specified in Article 6, it shall comply with the following criteria:
1. The capital adequacy ratio of the financial holding company calculated on a consolidated basis as most recently reported in accordance with regulations is not less than 100%.
2. Within the past six months, it has not been subject to administrative sanctions imposed by the Financial Supervisory Commission (hereinafter referred to as the FSC) pursuant to Subparagraph 1, 4, 5, or 6, Paragraph 1, Article 54; Paragraph 1, Article 55; or Paragraph 2, Article 56 of the Financial Holding Company Act.
Article 4
When a subsidiary of a financial holding company applies for the first time to conduct cross-selling under Article 6, the financial holding company shall submit documentary proof or a declaration of compliance with the criteria specified in the preceding article, operating procedures, internal control systems, and internal audit systems to apply to the FSC for approval. For any subsequent changes to the approved matters, no further application for approval is required, except where a subsidiary or business item is added, for which an application for approval shall be submitted to the FSC. However, the original application letter along with an explanation of the reasons for the change shall be submitted to the FSC for recordation within 15 business days from the day following the change.
For cross-selling application cases that have been approved by the FSC in accordance with laws and regulations prior to the promulgation and enforcement of these Regulations, the financial holding company is not required to file an additional application to the FSC for approval. Any subsequent changes to the approved matters shall still be handled in accordance with the preceding paragraph.
Article 5
Subsidiaries of a financial holding company shall enter into a contract for conducting cross-selling, the contents of which shall at least include items such as the joint use of business premises and personnel as well as the contract period.
Where a financial holding company encounters a situation where it no longer complies with the criteria in Article 3 after approval pursuant to the preceding article, it may continue operations until the expiration of the contract period specified in the preceding paragraph. However, if it still fails to comply with the criteria in Article 3 upon the expiry of the contracts, the contracts shall not be renewed.
Article 6
The scope of other subsidiaries’ businesses (hereinafter referred to as other businesses) that a subsidiary of a financial holding company may engage in when conducting cross-selling is as follows:
1. Banking business:
(1) Opening of deposit accounts.
(2) Referral of credit card business and delivery of credit cards on behalf of the bank.
(3) Collecting fees and taxes for public utilities as an agent.
(4) Receiving applications for the business of the bank itself.
2. Securities business:
(1) Opening of accounts for securities brokerage business or securities introducing broker business.
(2) Sale and buyback of domestic funds as an agent.
(3) Setting up online ordering terminals for investors to place orders with securities firms or securities introducing brokers.
(4) Receiving applications related to securities affairs.
3. Futures business:
(1) Opening of accounts for futures brokerage business or futures introducing broker business.
(2) Setting up online order terminals for futures traders to place orders with futures commission merchants or futures introducing brokers.
(3) Receiving applications related to futures affairs.
4. Insurance business:
(1) Solicitation of insurance products approved or acknowledged for recordation by the FSC.
(2) Setting up facilities connected to the Compulsory Automobile Liability Insurance Premium Inquiry Center, and delivering documents containing insurance clauses, insurance certificates, and insurance badges to the proposer when the insurance contract is established.
(3) Receiving applications related to insurance affairs.
When a mini-branch of a bank conducts cross-selling, it shall be limited to the businesses specified in Items 1 and 3, Subparagraph 4 of the preceding paragraph.
For insurance trusts organized by banks and securities firms that concurrently conduct trust businesses, the insurance subsidiary of the same financial holding company may engage in referrals and acceptance of applications. The payment types, operating procedures, and other compliance items for the aforementioned insurance trust shall be drafted by the Trust Association of the Republic of China and reported to the FSC for approval.
Article 7
When subsidiaries of a financial holding company conduct cross-selling, their business operations, service personnel, and services shall be made easily identifiable by customers, and operations shall be handled in accordance with the following regulations:
1. The business premises where cross-selling is conducted shall clearly and conspicuously indicate the name of the company providing services of the other businesses and the cross-selling service items.
2. When service personnel conducting cross-selling provide services of other businesses, they shall declare and ensure that customers understand that they are engaging in marketing activities for other businesses, and shall proactively present their qualifications or licenses as required by the relevant laws, regulations, and administrative orders of the competent authority.
3. When service personnel conducting cross-selling provide services of other businesses, they shall declare and ensure that customers understand the distinction between the provision of such products or services and the company's own core business, as well as the allocation of liabilities between the core business and the other businesses in the event of a consumer dispute.
4. When a subsidiary of a financial holding company enters into a product or service contract with a customer, it shall clearly disclose the material contents and trading risks of the contract to the customer, and shall, based on the nature of the product or service, specify whether it is protected by deposit insurance, Insurance Guaranty Fund, or other relevant protection mechanisms.
Subsidiaries of a financial holding company shall file the contents of the terms and conditions of the product and service contracts referred to in Subparagraph 4 of the preceding paragraph with the trade association to which the subsidiary belongs, send a copy to the FSC, and publish them on the website of each subsidiary engaged in cross-selling.
Article 8
Service personnel conducting cross-selling shall meet the qualification or licensing requirements needed for each respective business as prescribed by the relevant laws, regulations, and administrative orders of the FSC, and shall complete registration or recordation procedures. However, for those who only conduct cross-selling for insurance trust under Paragraph 3 of Article 6, the required hours for pre-service training and in-service training every three years related to insurance trust shall be at least three hours each. The training institutions and hours shall be determined by the Trust Association of the Republic of China, and the provisions of Paragraphs 2 and 3, Article 16 of the Regulations Governing Required Qualifications for Responsible Persons and Required Trust Expertise or Experience for Operations and Managerial Personnel of Trust Enterprises shall not apply.
The code of conduct, rights, and obligations of the aforementioned service personnel when conducting the other businesses shall be handled in accordance with the relevant regulations of the competent authority governing the other businesses. If a violation arises in the course of executing their business, a sanction may be imposed under the laws and regulations governing such other businesses.
Service personnel conducting cross-selling shall complete relevant professional training courses when handling the opening of bank deposit accounts.
When personnel of a financial holding company concurrently conduct cross-selling for a subsidiary, such concurrent positions shall not involve any conflict of interest or violate the internal control systems of the financial holding company and its subsidiaries.
Article 9
When service personnel conducting cross-selling engage in the other businesses, their acts shall directly have legal effect on the other subsidiaries, and the fulfillment of the relevant contractual liabilities shall be the responsibility of the other subsidiaries. However, if there is intent or negligence on the part of the institution providing the business premises, it shall also be held responsible.
Where a dispute arises between a customer and the other subsidiaries, the institution in the core business or its personnel shall assist the customer in contacting and negotiating with the other subsidiaries. However, if the institution in the core business or its personnel is negligent in handling mandated affairs, or causes damage to the customer due to acts exceeding the scope of authorization, it shall be liable for compensation for such damage.
Article 10
Subsidiaries of the same financial holding company may share their customer data for marketing based on the intended purpose. The scope of the aforementioned subsidiaries does not include foreign subsidiaries.
The term "customer data" as used in the preceding paragraph shall mean the basic data, transaction data, and other relevant data of customers of the subsidiaries of the financial holding company:
1. Basic data: Including data such as name, date of birth, ID card number, telephone number, and address.
2. Transaction and other relevant data including the data specified in the following items:
(1) Financial account data: Including data such as account numbers or numbers with similar functions, credit card numbers, deposit account numbers, trading account numbers, deposit and loan data, other transaction data, and financial conditions.
(2) Credit data: Including data such as records of bounced checks, cancellation records, denied transaction records, and business operation status.
(3) Investment data: Including data such as the underlying assets, amount, and timing of investments or sale of investments.
(4) Insurance data: Including relevant data such as the type of insurance policy, term, amount insured, and premium payment method.
Article 11
When subsidiaries of a financial holding company share their customer data and collect personal data for marketing purposes, such data shall not be used for purposes other than marketing, and shall be handled strictly in accordance with the following regulations:
1. When disclosing, referring, or sharing customer data, unless otherwise provided by laws and regulations, or explicitly consented to by the customer in a signed contract or in writing, the data disclosed, referred, or shared shall not contain any data other than the customer's name or address.
2. In transaction contracts with customers, the terms regarding the use of customer data shall provide fields for customers to choose whether they agree to provide data other than their names or addresses for marketing database creation, disclosure, referral, or sharing. This shall be confirmed by the customer by signing or other methods that can identify the customer's identity and expression of intent, and the names of the subsidiaries utilizing the data shall be clearly listed. Where subsidiaries increase or decrease due to organizational changes of the financial holding company, an announcement shall be made on the websites of the financial holding company and its subsidiaries.
3. Terms and conditions in transaction contracts with customers regarding the sharing of customer data shall be presented in a conspicuous font to remind customers, and the names of the subsidiaries utilizing the customer data shall be disclosed. Furthermore, a simple method (such as telephone notification) by which customers may request to stop the sharing of their relevant information at any time shall be clearly communicated or agreed upon. Upon receiving a notification from a customer to stop using their data, a subsidiary of a financial holding company shall immediately stop the use of the data by the financial holding company and all its subsidiaries. However, if the customer explicitly instructs that the scope of subsidiaries stopped from utilizing data does not extend to all subsidiaries, it may be handled in accordance with the intent of the customer's notification.
4. Information regarding a subsidiary's customer who disagrees to the company's continued use of their data shall be communicated to marketing personnel of each subsidiary, department, product line, and outsourced unit, and the computer control systems shall be modified accordingly.
For operations involving the use of customer data, sound confidentiality measures shall be established, and a dedicated unit or personnel shall be designated to take charge of such use. A customer database shall be established to properly store, safeguard, and manage customer-related data, and security measures for the customer database shall be established to ensure that only authorized employees may use customer data.
Article 12
When an existing transaction contract entered into between a subsidiary of a financial holding company and a customer is terminated (e.g., cancellation of a credit card or closing of a deposit account,etc.), the subsidiary shall not continue to use the customer data for marketing purposes. However, this restriction shall not apply where the customer has consented in writing to continue to provide basic data, transaction data, or other relevant data for marketing use.
Article 13
For the processing, storage, integration, or sharing of customer data for marketing purposes, a subsidiary of a financial holding company may deliver customer data to other subsidiaries of the same financial holding company.
When subsidiaries of a financial holding company disclose customer data or deliver customer data to other subsidiaries of the same financial holding company pursuant to the provisions of the preceding paragraph, they shall enter into a confidentiality agreement, maintain the confidentiality of the customer data, or restrict the use thereof. Other subsidiaries that receive and utilize the data shall not disclose such data to any other third party.
A financial holding company and its subsidiaries shall disclose to customers the names of the subsidiaries utilizing customer data and their confidentiality measures. Such names and the contents of the measures shall be announced on the companies' websites, and communicated to customers in writing or via email, or announced in a conspicuous location within the business premises.
The measures referred to in the preceding paragraph shall include the following contents:
1. Data collection methods: The methods by which each subsidiary obtains customer data.
2. Data storage and custody methods: How each subsidiary preserves such data after obtaining the customer data.
3. Data security and protection methods: The implementation methods and effectiveness of information firewalls between the subsidiaries.
4. Data classification, scope, and items of use: Disclosure of the nature and items of the data intended to be used based on the classification of customer data.
5. Purpose of data use: Explanation of the intention of using different types of data based on data classification.
6. Recipients of data disclosure: Explanation of the parties to whom different types data are disclosed based on data classification.
7. Methods for changing and modifying customer data: Provide channels for customers to apply for modifications when they need to change their data.
8. Opt-out methods: Where a subsidiary of a financial holding company discloses, refers, or shares customer data for marketing purposes pursuant to the provisions of these Regulations, the customer may notify the financial holding company or its subsidiaries to stop the sharing of their basic data, transaction data, or other relevant data. The method of exercising this right shall be disclosed in the confidentiality measures.
In addition to public announcement, the matters specified in Subparagraphs 7 and 8 of the preceding paragraph shall also be provided in writing or via email.
Article 14
When subsidiaries of a financial holding company conduct cross-selling, share customer data, and jointly use personnel and equipment to refer products of other businesses, or engage in marketing-related preliminary or follow-up work other than the conclusion or fulfillment of transaction contracts, they shall establish appropriate internal control systems and risk management systems and ensure effective implementation. They shall also conduct internal audits and self-audits in accordance with the regulations of the implementation measures for internal control and internal audit systems prescribed by the laws and regulations governing each respective industry. The contents thereof shall include the following matters:
1. Operation guidelines for conducting cross-selling business, sharing customer data for marketing, and joint use of personnel and equipment to conduct cross-industry marketing.
2. A code of conduct for the management of personnel itself who handle the other businesses (the contents of which shall at least include penal provisions for violations of relevant laws, regulations, or operation guidelines of other industries).
3. Procedures for handling customer complaints.
4. Operation guidelines regarding internal standard procedures, allocation of liabilities, and the division of powers and responsibilities between other subsidiaries and itself for handling customers’ transaction disputes.
5. Formulation of a code of ethics for the use of customer data and strengthened employee training for compliance by employees.
Article 15
These Regulations shall enter into force from the date of promulgation. |