Article 15 Professional secrecy
United Kingdom
Any commercially sensitive information received, exchanged or transmitted pursuant to F1Article 14(4), (6) and (7) shall be confidential and subject to the conditions of professional secrecy laid down in this Article.
The obligation of professional secrecy shall apply to the following persons who receive confidential information in accordance with this Regulation:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3the Secretary of State and persons who are authorised or who have been authorised to represent the Secretary of State and the regulatory authority or for other relevant authorities;
auditors and experts instructed by F4the Secretary of State and the regulatory authority or by other relevant authorities.
Without prejudice to cases covered by criminal law, the other provisions of this Regulation or other relevant F5assimilated law, 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, F6the Secretary of State, the regulatory authority, bodies or persons which receive confidential information pursuant to this Regulation may use confidential information 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 their functions.
Annotations
Textual amendments
- F1
Words in Art. 15(1) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 14(2); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Art. 15(2)(a)(b) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 14(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 15(2)(c) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 14(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 15(2)(d) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 14(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Word in Art. 15(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. 14(2)(b)
- F6
Words in Art. 15(4) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 14(5); 2020 c. 1, Sch. 5 para. 1(1)