in force 2026-06-11 MODIFIED+788 −0§
Amended by Regulation (EU) 2026/808 32026R0808
applies from: unchanged
Paragraph 6 now lists designated authorities, insurance resolution authorities and insurance supervisory authorities among the bodies with which the Board, the Council, the Commission, the ECB, national resolution authorities or national competent authorities may share information, in addition to the entities already named.
A new paragraph 8 has been added, addressing the Board's disclosure of its own analyses or assessments, including those based on information from entities under Article 2 or other authorities under paragraph 6, tying such disclosure to an assessment of public-interest effects referenced in paragraph 5 and treating it as an exercise of the Board's functions under paragraph 1.
Cited: Art. 88, v2
text before / after
02014R0806-20251110 → 02014R0806-20260611
Article 88 Professional secrecy and exchange of information 1. Members of the Board, the Vice-Chair, the members of the Board referred to in Article 43(1)(b), the staff of the Board and staff exchanged with or seconded by participating Member States carrying out … 391 unchanged words … 18. 6. This Article shall not prevent the Board, the Council, the Commission, the ECB, the national resolution authorities or the national competent authorities, including their employees and experts, from sharing information with each other and with competent ministries, central banks, designated authorities, deposit guarantee schemes, investor compensation schemes, authorities responsible for normal insolvency proceedings, insurance resolution authorities, insurance supervisory authorities, resolution and competent authorities from non-participating Member States, EBA, or, subject to Article 33, third-country authorities that carry out functions equivalent to those of a resolution authority, or, subject to strict confidentiality requirements, with a potential purchaser for the purposes of planning or carrying out a resolution action. 7. This Article shall not prevent the Board from exchanging information with other authorities as defined in Article 31a(12).8. This Article shall not prevent the Board from disclosing its analyses or assessments, including when they are based on information provided by the entities referred to in Article 2 or other authorities as referred to in paragraph 6 of this Article, when the Board assesses that the disclosure would not undermine the protection of the public interest as regards financial, monetary or economic policy and that there is a public interest in disclosing which overrides any other interests referred to in paragraph 5 of this Article. Such disclosure shall be considered to be made by the Board in the exercise of its functions under this Regulation for the purposes of paragraph 1 of this Article.