(1) The competition authorities, regulatory authorities, the Federal Commissioner for Data Protection and Freedom of Information [Bundesbeauftragte für den Datenschutz und die Informationsfreiheit] and the Land commissioners for data protection [Landesbeauftragte für Datenschutz] as well as the competent authorities within the meaning of Section 2 of the German EU Consumer Protection Enforcement Act [EU-Verbraucherschutzdurchsetzungsgesetz] may, irrespective of the type of procedure selected, exchange information, including personal data and trade and business secrets, to the extent that this is necessary for the purpose of fulfilling their respective duties, and use such information in their proceedings. Prohibitions on the use of evidence shall remain unaffected.
(2) In the performance of their respective functions the competition authorities shall cooperate with the German Federal Financial Supervisory Authority [Bundesanstalt für Finanzdienstleistungsaufsicht], the German Central Bank [Bundesbank], the competent supervisory authorities pursuant to Section 90 of the German Social Code, Book IV [Viertes Buch Sozialgesetzbuch], the German Land media authorities [Landesmedienanstalten] and the Commission on Concentration in the Media Sector. The competition authorities shall exchange information with the Land media authorities and the Commission on Concentration in the Media Sector on a mutual basis, to the extent that this is necessary for the purpose of fulfilling their respective functions; accordingly, they may, upon request, exchange information with the other authorities mentioned in sentence 1. This shall not apply to
1. confidential information, in particular trade and business secrets, as well as
2. information obtained pursuant to Section 50d of this Act, pursuant to Regulation (EU) 2022/1925 or pursuant to Article 12 of Regulation (EC) No 1/2003.
Sentences 2 and 3 no 1 shall not affect the provisions on the cooperation with other authorities of the German Securities Acquisition and Takeover Act [Wertpapiererwerbs- und Übernahmegesetz] and the German Securities Trading Act [Gesetz über den Wertpapierhandel].
(3) The Bundeskartellamt may communicate information relating to the undertakings participating in a concentration it has been provided with pursuant to Section 39(3) to other authorities to the extent that this is necessary for the purposes set out in Section 4(1) no 1 or nos 4, 4a as well as Section 5(2) and Section 5(3) of the German Foreign Trade and Payments Act [Außenwirtschaftsgesetz]. In the case of concentrations with a Community dimension within the meaning of Article 1(1) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, as amended from time to time, the Bundeskartellamt shall have the power referred to in sentence 1 only with regard to information published by the European Commission in accordance with Article 4(3) of that Regulation.