5.2 Confidentiality restrictions and permissible uses of information

Prudential supervisors and AML/CFT supervisors should ensure confidential information is exchanged with each other as well as with the financial intelligence unit through secure channels.

Any information received following the cooperation and information exchange set out in Article 117(5) of Directive 2013/36/EU should be kept confidential as required by applicable laws, and used or disclosed only as permitted by applicable laws. Prior consent should be observed where required in accordance with the applicable laws.

The cooperation and information exchange set out in these guidelines should be performed in compliance with the applicable laws governing data protection.²⁰

²⁰ For national authorities Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and national implementing laws of this Regulation, and for the Union institutions bodies, offices and agencies Regulation (EU) 2018/1725. of the European Parliament and of the Council of 23 October 2018 on the protection of individuals with regard to the processing of personal data by the institutions, bodies, offices and agencies of the Union and to the freedom circulation of this data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002 / EC.