Art. 38a · Exercise of ESMA’s powers

Version in force 1 January 2022, Inserted +253 −0§

Amended by Regulation (EU) 2019/2175 32019R2175 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2022/858 32022R0858 on EUR-Lex (external, EUR-Lex)

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Explanation, written by a model and checked against the cited text

This is a new provision stating that the powers given to ESMA, or to any official or other person authorised by ESMA, under Articles 38b to 38e are not to be used to require disclosure of information or documents that are subject to legal privilege.

Cited: Art. 38a, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Article 38a
Exercise of ESMA’s powers
The powers conferred on ESMA or any official of or other person authorised by ESMA by Articles 38b to 38e shall not be used to require the disclosure of information or documents which are subject to legal privilege.