Article 17 Professional secrecy
United Kingdom
Any confidential information received, exchanged or transmitted pursuant to this Regulation shall be subject to the conditions of professional secrecy laid down in paragraphs 2, 3 and 4.
The obligation of professional secrecy shall apply to:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
persons who work or who have worked for the F3national regulatory authority or for other relevant authorities;
auditors and experts instructed by F4national regulatory authority or by other relevant authorities who receive confidential information in accordance with this Regulation.
Confidential information received by the persons referred to in paragraph 2 in the course of their duties may not be divulged to any other person or authority, except in summary or aggregate form such that an individual market participant or market place cannot be identified, without prejudice to cases covered by criminal law, the other provisions of this Regulation or other relevant F5F6assimilated law.
Without prejudice to cases covered by criminal law, F8authorities, bodies or persons which receive confidential information pursuant to this Regulation may use it only in the performance of their duties and for the exercise of their functions. Other authorities, bodies or persons may use that information for the purpose for which it was provided to them or in the context of administrative or judicial proceedings specifically related to the exercise of those functions. The authority receiving the information may use it for other purposes, provided that the Agency, national regulatory authorities, competent financial authorities of the Member States, ESMA, bodies or persons communicating information consent thereto.
Annotations
Textual amendments
- F1
Art. 17(2)(a) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Art. 17(2)(b) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 17(2)(c) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 17(2)(d) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 17(3) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(3); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Word in Art. 17(3) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 13(2)(d)
- F7
Art. 17(4): By The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(4)(b), it is provided that (31.12.2020) in the third sentence the word “authorities,” is substituted for the words from “national” to “or other”
- F8
Word in Art. 17(4) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Words in Art. 17(5) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F10
Words in Art. 17(5) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F11
Words in Art. 17(5) inserted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(5)(c); 2020 c. 1, Sch. 5 para. 1(1)