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Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive(EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (Text with EEA relevance) Article 67

Professional secrecy requirements

Article 67

1.   Member States shall require that all persons working for or who have worked for supervisors and the public authorities referred to in Article 52, as well as auditors or experts acting on behalf of those supervisors or authorities be bound by the obligation of professional secrecy. Without prejudice to cases covered by criminal investigations and prosecutions under Union and national law and information provided to FIUs pursuant to Articles 42 and 43, confidential information which the persons referred to in the first subparagraph receive in the course of their duties under this Directive may be disclosed only in summary or aggregate form, in such a way that individual obliged entities cannot be identified. 2.   Paragraph 1 of this Article shall not prevent the exchange of information between: (a) supervisors, whether within a Member State or in different Member States, including AMLA when acting as a supervisor or public authorities as referred to in Article 52 of this Directive; (b) supervisors as well as the public authorities referred to in Article 52 of this Directive and FIUs; (c) supervisors as well as the public authorities referred to in Article 52 of this Directive and competent authorities referred to in Article 2(1), points (44)(c) and (d) of Regulation (EU) 2024/1624; (d) financial supervisors and authorities in charge of supervising credit institutions and financial institutions in accordance with other Union legal acts relating to the supervision of credit institutions and financial institutions, including the ECB acting in accordance with Regulation (EU) No 1024/2013, whether within a Member State or in different Member States. For the purposes of point (d) of the first subparagraph of this paragraph, the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1. 3.   Any authority or self-regulatory body that receives confidential information pursuant to paragraph 2 shall only use this information: (a) in the discharge of its duties under this Directive or under other Union legal acts in the field of AML/CFT, of prudential regulation and supervision of credit institutions and financial institutions, including sanctioning; (b) in an appeal against a decision of the authority or self-regulatory body, including court proceedings; (c) in court proceedings initiated pursuant to special provisions provided for in Union law adopted in the field of this Directive or in the field of prudential regulation and supervision of credit institutions and financial institutions.

查看整部法規全文 → · 開啟所屬章節:SECTION 2 — Cooperation with other authorities and exchange of confidential information

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