2. Without prejudice to the generality of the requirements under paragraph 1, Member States shall ensure that the persons referred to in paragraph 1 are prohibited from disclosing confidential information received during the course of their professional activities, or received from a supervisory authority or resolution authority in connection with that authority’s functions, to any person or authority, unless in the following situations:
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(a)
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the disclosure is made in the exercise of their functions under this Directive;
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(b)
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the disclosure is made in summary or collective form in such a way that individual entities referred to in Article 1(1), points (a) to (e), cannot be identified;
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(c)
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the disclosure is made with the express and prior consent of the authority or the entity referred to in Article 1(1), points (a) to (e), which provided the information.
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Member States shall ensure that the persons referred to in paragraph 1 assess the possible effects of disclosing information on the public interest in relation to financial, monetary or economic policy, on the commercial interests of natural and legal persons, on the purposes of inspections, on investigations and on audits.
The procedure for assessing the effects referred to in the second subparagraph shall include a specific assessment of the effects of any disclosure of the contents and details of pre-emptive recovery plans and resolution plans as referred to in Articles 5, 7, 9, 10 and 12 and the result of any assessment carried out under Articles 6, 8 and 13.
Member States shall ensure that any person or entity referred to in paragraph 1 is subject to civil liability in the event of an infringement of this Article.