(1) Information that the Market Transparency Unit has obtained or prepared in the ordinary course of business when fulfilling its duties shall be kept confidential. The Market Transparency Unit's members of staff shall be subject to a confidentiality obligation regarding the confidential information referred to in sentence 1. Other persons who are to receive confidential information shall, prior to the transfer of such information, be put under a special obligation to maintain secrecy unless they hold a public office or have special obligations in the public service. Section 1(2), (3) and (4) no 2 of the German Act on the Formal Assignment of Responsibilities to Persons other than Civil Servants [Verpflichtungsgesetz] shall apply mutatis mutandis.
(2) Together with the Bundesnetzagentur, the Market Transparency Unit shall ensure the operational reliability of the data monitoring and the confidentiality, integrity and protection of the incoming information. In this regard, the Market Transparency Unit shall be bound to the same degree of confidentiality as the entity providing the information or the entity that collected the information. The Market Transparency Unit shall take all necessary measures to prevent any abuse of, and any unauthorised access to, the information managed in its systems. The Market Transparency Unit shall identify sources of operational risks and minimise these risks by developing adequate systems, controls and procedures.
(3) Subsection (1) shall apply mutatis mutandis to persons who are to receive data pursuant to Section 47d(1) sentence 5 or who receive information pursuant to Section 47c(4).
(4) The Market Transparency Unit may store, edit and use personal data communicated to it for the purposes of fulfilling its tasks pursuant to Section 47b only to the extent necessary for the fulfilment of the tasks within its scope of competence and for purposes of cooperation pursuant to Article 7(2) and Article 16 of Regulation (EU) No 1227/2011.
(5) Access to files by persons whose personal rights are affected by the decisions taken by the Market Transparency Unit pursuant to Section 47b(5) and (7), Section 47d(1) and (2), Section 47e and Section 47g as well as Section 81(2) no 2(c) and (d), and nos 5a and 6 shall be restricted to documents that are exclusively attributable to the legal relationship between the affected person and the Market Transparency Unit.