Article 38 | BMR | Regulation 2016/1011

Article 38 - Disclosure of information from another Member State

Article 38

Disclosure of information from another Member State

A competent authority may disclose information received from another competent authority only if:

(a)

it has obtained the written agreement of that competent authority and the information is disclosed only for the purposes for which that competent authority gave its agreement; or

(b)

such disclosure is necessary for legal proceedings.

Recitals

TITLE I - SUBJECT MATTER, SCOPE AND DEFINITIONS (Article 1-3)

TITLE II - BENCHMARK INTEGRITY AND RELIABILITY (Article 4-16)

TITLE III - REQUIREMENTS FOR DIFFERENT TYPES OF BENCHMARKS (Article 17-26)

TITLE IV - TRANSPARENCY AND CONSUMER PROTECTION (Article 27-28a)

TITLE V - USE OF BENCHMARKS IN THE UNION (Article 29-33)

TITLE VI - AUTHORISATION, REGISTRATION AND SUPERVISION OF ADMINISTRATORS (Article 34-48n)

CHAPTER 1 - Authorisation and registration (Article 34-36)

CHAPTER 2 - Supervisory cooperation (Article 37-39)Article 37 - Delegation of tasks between competent authorities Article 38 - Disclosure of information from another Member State Article 39 - Cooperation on on-site inspections and investigations

CHAPTER 3 - Role of competent authorities (Article 40-48)

CHAPTER 4 - ESMA powers and competences (Article 48a-48n)

TITLE VII - DELEGATED AND IMPLEMENTING ACTS (Article 49-50)

TITLE VIII - TRANSITIONAL AND FINAL PROVISIONS (Article 51-59)

ANNEX I ANNEX II Q&A ANNEX III DA

Metadata

Level 2 legal acts

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Article 38 - Disclosure of information from another Member State

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