Updated 18/09/2024
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Article 13 - Confidentiality

Article 13

Confidentiality

1.   Without prejudice to provisions of this Regulation as to how information is analysed and made available to authorities, information submitted to the EBA in accordance with this Regulation shall be subject to Articles 70, 71 and 72 of Regulation (EU) No 1093/2010. Information received by EIOPA and ESMA in accordance with this Regulation shall be subject to Articles 70, 71 and 72 of Regulation (EU) No 1094/2010 and to Articles 70, 71 and 72 of Regulation (EU) No 1095/2010, respectively.

2.   Members of the reporting authorities’ management bodies, and persons working for those authorities or who have worked for those authorities, even after their duties have ceased, shall be subject to professional secrecy requirements and shall not disclose information received in accordance with this Regulation, except in summary or aggregate form only such that individual financial sector operators, branches, agents, distributors or other natural persons cannot be identified, without prejudice to cases where criminal law proceedings are pending.

3.   Reporting authorities receiving information in accordance with this Regulation shall treat that information as confidential and shall use it only in the course of their supervisory activities with regard to the prevention of the use of the financial system for money laundering or terrorist financing, carried out pursuant to the legal acts referred to in Article 1(2) of Regulation (EU) No 1093/2010, Article 1(2) of Regulation (EU) No 1094/2010 and Article 1(2) of Regulation (EU) No 1095/2010, including in appeals against measures taken by those authorities and in any court proceedings concerning supervisory activities.

4.   Paragraph 2 shall not preclude a reporting authority from disclosing information received in accordance with this Regulation to another reporting authority or to an authority or body pursuant to the legal acts referred to in Article 1(2) of Regulation (EU) No 1093/2010, Article 1(2) of Regulation (EU) No 1094/2010 and Article 1(2) of Regulation (EU) No 1095/2010.