Duty of confidentiality

(1) Persons employed at the exchange supervisory authority, or at an authority to which tasks and powers of the exchange supervisory authority have been transferred under section 3(7), persons engaged under section 3(8), the members of the exchange bodies, and persons employed by the operator of the exchange or acting directly or indirectly on its behalf, insofar as they act for the exchange, may not without authorisation disclose or use facts that have become known to them in the course of their activity and whose confidentiality is in the interest of the trading participants, the competent authorities or a third party, in particular trade and business secrets and personal data, even after they have left their post or their activity has ended. This also applies to other persons who become aware of the facts named in the first sentence through official reporting. There is in particular no unauthorised disclosure or use within the meaning of the first sentence where information is passed on to
1. prosecuting authorities or courts competent for criminal and regulatory-offence matters,
2. bodies entrusted by law or by public mandate with the supervision of exchanges or other markets on which financial instruments are traded, of credit institutions, financial services institutions, securities institutions, capital management companies, externally managed investment companies, financial undertakings, insurance undertakings, insurance intermediaries or intermediaries of units in investment assets within the meaning of section 3(1), first sentence, no. 7 of the Securities Trading Act, or with the supervision of trading in financial instruments or foreign exchange, and to persons engaged by those bodies, 2a. bodies entrusted by law or by public mandate with the supervision of goods or markets for goods or commodity forward transactions such as energy or energy installations within the meaning of section 3, nos. 14 and 15 of the Energy Industry Act, or of greenhouse gas emission allowances or derivatives thereon, or with the supervision of participants in those markets, and to persons engaged by those bodies, regardless of whether those products are to be classified as financial instruments,
3. central banks, the European System of Central Banks or the European Central Bank in their capacity as monetary authorities, and to other state authorities entrusted with the supervision of payment systems,
4. bodies concerned with the liquidation or insolvency proceedings over the assets of an investment services enterprise within the meaning of section 2(10) of the Securities Trading Act, an exchange operator or a regulated market having its seat abroad, or its operator, and
5. the European Central Bank, the European System of Central Banks, the European Securities and Markets Authority, the European Insurance and Occupational Pensions Authority, the European Banking Authority, the Joint Committee of the European Supervisory Authorities, the European Systemic Risk Board, or the European Commission, insofar as the knowledge of that information is required by those bodies for the performance of their tasks. The duty of confidentiality under the first sentence applies accordingly to persons employed at those bodies. Where a body named in the third sentence, nos. 1 to 4 is located in another state, information may be passed on only where the persons employed and engaged by that body are subject to a duty of confidentiality corresponding to the first sentence.
(2) Sections 93, 97 and 105(1), section 111(5) in conjunction with section 105(1), and section 116(1) of the Fiscal Code apply to the persons named in subsection (1), first and second sentences only insofar as the tax authorities require the knowledge for conducting proceedings for a tax offence or a taxation procedure, unless other provisions preclude the passing on of the information. The provisions named in the first sentence do not, however, apply insofar as facts are concerned that were communicated to the persons named in subsection (1), first or second sentence by a body of another state within the meaning of subsection (1), third sentence, no. 2, or by persons engaged by that body.