in force 2011-06-01 MODIFIED+249 −144§
Amended by Regulation (EU) No 513/2011 32011R0513
applies from: unchanged
Sources disagree — the text comparison and the EU's own amendment metadata found this change; the amending act's instructions do not mention it. All are shown; none is overruled.
The obligation of professional secrecy is extended to name ESMA itself and the competent authorities directly, alongside persons working for them, and the delegation reference changes from the competent authority delegating tasks to ESMA delegating tasks to any other person.
The confidentiality provision in paragraph 2 changes from covering information exchanged between CESR and competent authorities to covering information acquired by or exchanged between ESMA, the competent authorities, the sectoral competent authorities, and other authorities and bodies referred to in Article 27(2), with the disclosure-statement actor expanded correspondingly from CESR or the competent authority to ESMA or the competent authority or other authority or body concerned.
Cited: Art. 32, v1 · Art. 32, v2
text before / after
02009R1060-20091207 → 02009R1060-20110601
Article 32
Professional secrecy
1. The obligation of professional secrecy shall apply to ESMA, the competent authorities, and all persons who work or who have worked for CESR, ESMA, for the competent authority authorities or for any authority or other person to whom the competent authority ESMA has delegated tasks, including auditors and experts contracted by the competent authority. ESMA. Information covered by professional secrecy shall not be disclosed to another person or authority except where such disclosure is necessary for legal proceedings.
2. All the information that, under this Regulation, is acquired by, or exchanged between CESR and between, ESMA, the competent authorities, the sectoral competent authorities or other authorities and between competent authorities under this Regulation bodies referred to in Article 27(2), shall be considered confidential, except where CESR ESMA or the competent authority or other authority or body concerned states at the time of communication that such information may be disclosed or where such disclosure is necessary for legal proceedings.