+Section II Exchange of information and professional secrecy
---+Article 53 Professional secrecy
------+Article 53 1.
------+Article 53 2.
------+Article 53 3.
---+Article 54 Use of confidential information
---+Article 54a
---+Article 55 Cooperation agreements
---+Article 56 Exchange of information between authorities
---+Article 57 Exchange of information with oversight bodies
------+Article 57 1.
------+Article 57 2.
------+Article 57 3.
------+Article 57 4.
------+Article 57 5.
------+Article 57 6.
---+Article 58 Transmission of information concerning monetary, deposit protection, systemic and payment aspects
------+Article 58 1.
------+Article 58 2.
------+Article 58 3.
------+Article 58 4.
---+Article 58a Transmission of information to international bodies
------+Article 58a 1.
------+Article 58a 2.
------+Article 58a 3.
------+Article 58a 4.
---+Article 59 Transmission of information to other entities
------+Article 59 1.
------+Article 59 2.
---+Article 60 Disclosure of information obtained by on-the-spot checks and inspections
---+Article 61 Disclosure of information concerning clearing and settlement services
------+Article 61 1.
------+Article 61 2.
---+Article 62 Processing of personal data
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Section II Exchange of information and professional secrecy
Section II Exchange of information and professional secrecy
1. Panoramica
| Titolo |
Regolamentazione |
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Article 53 Professional secrecy
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Article 54 Use of confidential information
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Article 54
Use of confidential information
Competent authorities receiving confidential information under Article 53 shall use it only in the course of their duties and only for any of the following purposes:
(a)
to check that the conditions governing access to the activity of credit institutions are met and to facilitate monitoring, on a non-consolidated or consolidated basis, of the conduct of such activity, especially with regard to the monitoring of liquidity, solvency, large exposures, and administrative and accounting procedures and internal control mechanisms;
(c)
in an appeal against a decision of the competent authority including court proceedings pursuant to Article 72;
(d)
in court proceedings initiated pursuant to special provisions provided for in Union law adopted in the field of credit institutions.
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Article 54a
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Article 54a
Articles 53 and 54 shall be without prejudice to the powers of investigation conferred on the European Parliament pursuant to Article 226 TFEU.
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Article 55 Cooperation agreements
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Article 55
Member States and EBA, in accordance with Article 33 of Regulation (EU) No 1093/2010, may conclude cooperation agreements, providing for exchanges of information, with the supervisory authorities of third countries or with authorities or bodies of third countries in accordance with Article 56 and Article 57(1) of this Directive only if the information disclosed is subject to a guarantee that professional secrecy requirements at least equivalent to those referred to in Article 53(1) of this Directive are complied with. Such exchange of information shall be for the purpose of performing the supervisory tasks of those authorities or bodies.
Where the information originates in another Member State, it shall only be disclosed with the express agreement of the authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement.
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Article 56 Exchange of information between authorities
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Article 56
Exchange of information between authorities
Article 53(1) and Article 54 shall not preclude the exchange of information between competent authorities within a Member State, between competent authorities in different Member States or between competent authorities and the following, in the discharge of their supervisory functions:
(a)
authorities entrusted with the public duty of supervising other financial sector entities and the authorities responsible for the supervision of financial markets;
(b)
authorities or bodies charged with responsibility for maintaining the stability of the financial system in Member States through the use of macroprudential rules;
(c)
reorganisation bodies or authorities aiming at protecting the stability of the financial system;
(d)
contractual or institutional protection schemes as referred to in Article 113(7) of Regulation (EU) No 575/2013;
(e)
bodies involved in the liquidation and bankruptcy of institutions and in other similar procedures;
(f)
persons responsible for carrying out statutory audits of the accounts of institutions, insurance undertakings and financial institutions;
▼M5
(g)
authorities responsible for supervising the obliged entities listed in points (1) and (2) of Article 2(1) of Directive (EU) 2015/849 of the European Parliament and of the Council (
20
) for compliance with that Directive, and financial intelligence units;
▼M5
(h)
competent authorities or bodies responsible for the application of rules on structural separation within a banking group.
▼B
Article 53(1) and Article 54 shall not preclude the disclosure to bodies which administer deposit-guarantee schemes and investor compensation schemes of information necessary for the exercise of their functions.
The information received shall in any event be subject to professional secrecy requirements at least equivalent to those referred to in Article 53(1).
▼M11
Article 53(1) and Article 54 shall not preclude the exchange of information between competent authorities and tax authorities in the same Member State, in accordance with national law. Where the information originates in another Member State, it shall only be exchanged as referred to in the first sentence of this paragraph with the express agreement of the competent authorities which have disclosed it.
▼B
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Article 57 Exchange of information with oversight bodies
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Article 58 Transmission of information concerning monetary, deposit protection, systemic and payment aspects
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Article 58a Transmission of information to international bodies
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Article 59 Transmission of information to other entities
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Article 60 Disclosure of information obtained by on-the-spot checks and inspections
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Article 60
Disclosure of information obtained by on-the-spot checks and inspections
Member States shall ensure that information received under Article 52(3), Article 53(2) and Article 56 and information obtained by means of an on-the-spot check or inspection referred to in Article 52(1) and (2) shall not be disclosed under Article 59 save with the express consent of the competent authorities which disclosed the information or of the competent authorities of the Member State in which such an on-the-spot check or inspection was carried out.
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Article 61 Disclosure of information concerning clearing and settlement services
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Article 62 Processing of personal data
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Article 62
Processing of personal data
The processing of personal data for the purposes of this Directive shall be carried out in accordance with Directive 95/46/EC and, where relevant, with Regulation (EC) No 45/2001.
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1.1 Riferimenti
1.2 Requisiti identificati
1.3 Standard correlati
2. Requisiti identificati
Requisiti
| Fonte |
Requisito |
3. Standard correlati
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