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Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 30 December 2019 - onwards
Version 3 of 3

Article 8 Professional secrecy

DRAFT Paragraph replaced Article 1 Amendments to Regulation (EU) No 1092/2010 of the Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) No 1092/2010, (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010 and (EU) 2021/523 as regards certain reporting requirements in the fields of financial services and investment support (Text with EEA relevance) (COM(2023) 593 final / 2023/0363 (COD)) (updated 16 August 2024 with Opinion C/2024/5048)

1. Members of the General Board and any other persons who work or who have worked for or in connection with the ESRB (including the relevant staff of central banks, the Advisory Scientific Committee, the Advisory Technical Committee, the ESAs and the Member States' competent national supervisory authorities) shall not disclose information that is subject to professional secrecy, even after their duties have ceased.

This paragraph is without prejudice to the confidential oral discussions held in accordance with Article 19(5).

2. Information received by members of the ESRB shall be used only in the course of their duties and in performing the tasks set out in Article 3(2).

2a. The members of the ESRB from national central banks, national supervisory authorities and national authorities entrusted with the conduct of macroprudential policy may, in their capacity as members of the ESRB provide to national authorities or to bodies responsible for the stability of the financial system in accordance with Union law or with national arrangements information related to the performance of the tasks entrusted to the ESRB which is necessary for the exercise of statutory tasks of those authorities or bodies, provided that sufficient safeguards are established to ensure full respect of relevant Union law and national arrangements.