Art. 88 Obligation of professional secrecy | Anti-money laundering authority regulation (AMLAR) | AML

This article establishes the confidentiality and professional secrecy obligations that apply to everyone associated with the Authority.

It casts a wide net, covering not just permanent staff and board members but also seconded officials, contractors, and anyone else providing services to the Authority.

Crucially, these obligations persist even after a person's duties have ceased.

The article also permits the Authority to exchange information with other Union or national bodies, but only within the boundaries set by the legislative acts referenced in Article 1(2).

Finally, it requires the Authority to apply the EU rules on protecting classified information under Commission Decision (EU, Euratom) 2015/444.

Important points:

All personnel of the Authority, including board members, seconded officials, and contractors, are bound by professional secrecy obligations that continue after their duties have ended.
The Executive Board is required to ensure that anyone providing services to the Authority, even occasionally, is subject to equivalent professional secrecy requirements.
The Authority must establish practical arrangements to implement these confidentiality rules and apply the EU framework for protecting classified information.

1. Members of the General Board and the Executive Board, and all members of staff of the Authority, including officials seconded by Member States on a temporary basis, as well as all other persons carrying out tasks for the Authority on a contractual basis, shall be subject to the requirements of professional secrecy pursuant to Article 339 TFEU and Article 67 of Directive (EU) 2024/1640, including after their duties have ceased.
1. The Executive Board shall ensure that individuals who provide any service, directly or indirectly, permanently or occasionally, relating to the tasks of the Authority, including officials and other persons authorised by the Executive Board or appointed by the public authorities and FIUs for that purpose, are subject to requirements of professional secrecy equivalent to those provided for in paragraph 1.
1. For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority shall be authorised, within the limits and under the conditions set out in the acts referred to in Article 1(2), to exchange information with Union or national authorities and bodies in the cases where those acts allow financial supervisors to disclose information to those entities or where Member States can provide for such disclosure under the applicable Union law.
1. The Authority shall establish practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2.
1. The Authority shall apply Commission Decision (EU, Euratom) 2015/444(⁴⁴).