1. ESMA may develop and regularly review guidelines for the competent authorities of the Member States on the exercise of their authorisation powers and on the reporting obligations by the competent authorities imposed by this Directive.

ESMA shall further have the powers necessary, including those enumerated in Article 48(3), to carry out the tasks attributed to it by this Directive.

2.The obligation of professional secrecy shall apply to all persons who work or who have worked for ESMA, for the competent authorities or for any other person to whom ESMA has delegated tasks, including auditors and experts contracted by ESMA. Information covered by professional secrecy shall not be disclosed to another person or authority except where such disclosure is necessary for legal proceedings or for cases covered by taxation law.

3.All information exchanged under this Directive between, the competent authorities, the ESAs and the ESRB shall be considered confidential, except where:

(a) ESMA or the competent authoritycompetent authority or another authority or body concerned states at the time of communication that such information may be disclosed;

(b) disclosure is necessary for legal proceedings; or