Monitoring and auditing of the private copying remuneration
As part of its remit, Auvibel may carry out regular inspections of declarations.
The liable parties, as well as the distributors of devices or media (regardless of whether they are wholesalers or retailers) must then provide, at Auvibel’s request, all information which is necessary to monitor the collection of the private copying remuneration (Article 7 of the Royal Decree of 18 October 2013)
Auvibel must then clearly state the following in the request;
- the legal grounds for the request;
- the data requested;
- the reasons and purpose of the request;
- the deadline by which the information must be provided. This may not be less than fifteen working days starting from the date on which the request was received
- the penalties determined on the basis of [1 Article XI.293, fourth paragraph, of the Code]1 in the event that the time limit imposed is not respected or incomplete, or if incorrect information is provided;
- the legal remedies that can be sought from the courts against the request for information.
The information subsequently received by Auvibel in response may not be used for purposes or for reasons other than those described in the request.
The data request is sent to contributors and distributors, whether wholesalers or retailers, by registered letter with acknowledgement of receipt. At the same time, a copy is sent via registered letter with acknowledgement of receipt to the competent minister.
The liable parties or distributors questioned, regardless of wholesaler or retailer, cannot be required by the data request to confess to having violated or been involved in violating the provisions on the right to private copying remuneration.