emendrix

Art. 70

European Securities and Markets Authority Regulation · 32010R1095 · every event for this act · on EUR-Lex

Obligation of professional secrecy

2 changes recorded across 2 events, newest first.

in force 2025-11-10 MODIFIED+71 −4

Amended by Regulation (EU) 2025/2088 32025R2088

applies from: unchanged

Paragraph 3 now specifies that the Authority may exchange information not only with competent authorities but also with other authorities as defined in Article 35a(12), in addition to the previously named competent authorities.

The paragraph also adds the words "of this Article" after the reference to paragraphs 1 and 2.

Cited: Art. 70, v1 · Art. 70, v2

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) 2015/444 Commission 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)..

in force 2020-01-01 MODIFIED

Amended by Regulation (EU) 2019/2175 32019R2175

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2015-03-13 · dates removed: 2001-11-29

Paragraph 1 no longer names the Management Board or the Executive Director among those bound by professional secrecy, and it drops the sentences on Article 16 of the Staff Regulations, post-service discretion duties, and the prohibition on outside bodies seeking to influence staff.

A new paragraph 2a extends equivalent professional secrecy requirements to individuals providing services to the Authority and to observers attending Management Board and Board of Supervisors meetings, a category not present before, while paragraphs 2 and 3 replace references to national supervisory authorities with references to competent authorities and paragraph 2 now refers to legislative acts rather than acts referred to in Article 1(2).

Paragraph 4 now points to Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on security rules for protecting EU classified information, replacing the earlier reference to Commission Decision 2001/844/EC/ECSC, Euratom of 29 November 2001.

Cited: Art. 70, v1 · Art. 70, v2

text before / after, on the event page →