Confidentiality vis-à-vis third countries

(1) The resolution authority and the nationally competent authorities acting under this Act may pass on information within the meaning of section 4(1) to third-country authorities only where the following conditions are satisfied: 1. the third-country authorities concerned are subject to confidentiality rules that are at least equivalent to the requirements of this Act; the assessment is made by the disclosing authority, where appropriate in consultation with the other authorities concerned; 2. the information is necessary for the respective third-country authorities to exercise functions incumbent on them under national law that are comparable to the functions provided for in this Act, and, subject to the disclosure and use powers under point 1, is not processed for any other purpose; 3. personal data are transmitted only under the conditions of Chapter V of Regulation (EU) 2016/679.
(2) Confidential information originating from another Member State may be disclosed by the resolution authorities and the other national authorities to the respective third-country authorities only where the following conditions are satisfied: 1. the supervisory authority of the Member State from which the information originates (originating authority) consents to the disclosure; 2. the information is disclosed only for the purposes approved by the originating authority. Information originating from another Member State is to be regarded as confidential where it is subject to confidentiality rules under Union law, or is subject to a duty of confidentiality under the law of the respective Member State.