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New version applies from 12/08/2022 — introduced by Regulation (EU) 2021/23. 29 provisions change. Later versions: 30/12/2024, 01/07/2025, 10/11/2025. Article 70 changes in this version: compare with the current text.

Article 70 - Obligation of professional secrecy

Comparing 23/05/2014 → 01/01/2020: 2 added, 3 removed, 4 changed Close comparison

Article 16 of the Staff Regulations shall apply to them.

In accordance with the Staff Regulations, the staff shall, after leaving service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.

Neither Member States, the Union institutions or bodies, nor any other public or private body shall seek to influence staff members of the Authority in the performance of their tasks.

1.Members of the Board of SupervisorsSupervisors, and the Management Board, the Executive Director, andall members of the staff of the AuthorityAuthority, including officials seconded by Member States on a temporary basisbasis, and all other persons carrying out tasks for the Authority on a contractual basisbasis, 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.

Moreover, theThe obligation under paragraph 1 of this Article and the first subparagraph of this paragraph shall not prevent the Authority and the national supervisorycompetent 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 shall not prevent the Authority from exchanging information with national supervisorycompetent authorities 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 2001/844/EC/ECSC,(EU, EuratomEuratom) of 29 November 2001 amending its internal Rules of Procedure2015/444 ( 5015 ).

Official text · consolidated version 01/01/2020 (no longer in force) Open full page ↗
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