in force 2025-11-10 MODIFIED+71 −4§
Amended by Regulation (EU) 2025/2088 32025R2088
applies from: unchanged
Article 70(3) now specifies that the Authority may also exchange information with other authorities as defined in Article 35a(12), in addition to competent authorities.
The clause also adds the words 'of this Article' after the reference to paragraphs 1 and 2, and drops the word 'other' before 'Union legislation'.
Cited: Art. 70, v2 · Art. 70, v1
text before / after
02010R1095-20250701 → 02010R1095-20251110
Article 70
Obligation of professional secrecy
1. Members of the Board of Supervisors, and all members of the staff of the Authority, including officials seconded by Member States on a temporary basis, and all other persons carrying out tasks for the Authority on a contractual basis, shall be subject to the requirements of professional secrecy pursuant to Article 339 TFEU and the relevant provisions in Union legislation, even after their duties have ceased.
2. Without prejudice to cases covered by criminal law, any confidential information received by persons referred to in paragraph 1 whilst performing their duties may not be divulged to any person or authority whatsoever, except in summary or aggregate form, such that individual financial market participants cannot be identified.
The obligation under paragraph 1 of this Article and the first subparagraph of this paragraph shall not prevent the Authority and the competent authorities from using the information for the enforcement of the legislative acts referred to in Article 1(2), and in particular for legal procedures for the adoption of decisions.
2a. The Management Board and the Board of Supervisors shall ensure that individuals who provide any service, directly or indirectly, permanently or occasionally, relating to the tasks of the Authority, including officials and other persons authorised by the Management Board and the Board of Supervisors or appointed by the competent authorities for that purpose, are subject to the requirements of professional secrecy equivalent to those in paragraphs 1 and 2.
The same requirements for professional secrecy shall also apply to observers who attend the meetings of the Management Board, and the Board of Supervisors and who take part in the activities of the Authority.
3. Paragraphs 1 and 2 of this Article shall not prevent the Authority from exchanging information with competent authorities and with other authorities as defined in Article 35a(12) in accordance with this Regulation and with other Union legislation applicable to financial market participants.
That information shall be subject to the conditions of professional secrecy referred to in paragraphs 1 and 2. The Authority shall lay down in its internal rules of procedure the practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2.
4. The Authority shall apply Commission Decision (EU, Euratom) 2015/444Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53)..