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Regulation 32 Cases in which sharing of information authorised or required

Original text. Later amendments are not shown.

(1)

A person referred to in regulation 30(1)(a) or (b) (“A”) or another person (“B”) may disclose to a authorised cryptoasset person (“C”) information, including inside information, for the purpose of detecting, preventing or disrupting market abuse, in accordance with any applicable designated activity rules made by virtue of paragraph (4).

(2)

A person referred to in regulation 30(1)(a) or (b) (“A”) must disclose to a authorised cryptoasset person (“C”) information, including inside information, for the purpose of detecting, preventing or disrupting market abuse, in accordance with any applicable designated activity rules made by virtue of paragraph (4).

(3)

When receiving information from A or B pursuant to a disclosure under paragraph (1) or (2), C must comply with any applicable designated activity rules made by virtue of paragraph (4).

(4)

The FCA may make designated activity rules specifying—

(a)

the persons to whom paragraphs (1) and (2) apply;

(b)

the situations where disclosure is required or permitted;

(c)

the form and content of, and the mechanisms for, any disclosure under this regulation;

(d)

in relation to a disclosure under paragraph (1) or (2)—

(i)

that the disclosure by A or B, or C’s use of the disclosed information will not—

(aa)

give rise to a breach of any obligation of confidence owed by A, B or C, or

(bb)

give rise to any civil liability, on the part of A, B or C, to the person to whom the disclosed information relates;

(ii)

such additional conditions in relation to sub-paragraph (d)(i)(aa) or (bb) as the FCA considers appropriate;

(e)

restrictions on onward transmission or use of information received by C pursuant to a disclosure under this regulation;

(f)

such matters related to this regulation as the FCA considers appropriate.