Cooperation with competent bodies abroad

(1) BaFin is responsible for cooperation with the bodies of other states competent for the supervision of offers to acquire securities, of stock exchanges or other securities or derivatives markets, and of trading in securities and derivatives.
(2) Within the framework of the cooperation under subsection (1), BaFin may transmit facts necessary for the supervision of offers to acquire securities or of related administrative or court proceedings; in doing so it may make use of its powers under section 40(1) and (2). In transmitting personal data, BaFin must determine the purpose for which the data may be processed. The recipient must be advised that the data may be processed only for the purpose for which it was transmitted. Transmission must not take place insofar as there is reason to believe that it would infringe the purpose of a German statute. Transmission must also not take place where it would impair interests of the data subject worthy of protection, in particular where an adequate data-protection standard is not ensured in the recipient country. The transmission of personal data to third countries and international organisations must be consistent with Chapter V of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2), in its current version, and with the other general data-protection provisions.
(3) Where a body of another state communicates personal data to BaFin, that data may be processed only in observance of the purpose determined by that body. BaFin may communicate the data, in observance of the purpose, to the stock-exchange supervisory authorities and the trading-surveillance units of the stock exchanges.
(4) The provisions on international mutual legal assistance in criminal matters remain unaffected.