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

This article establishes the professional secrecy obligations that apply to everyone connected to the Authority, whether as board members, staff, seconded officials, or contractors.

It makes clear that these obligations persist even after a person's duties have ceased.

Alongside these confidentiality requirements, the article carves out the conditions under which the Authority may still lawfully exchange information with Union or national authorities and bodies, ensuring secrecy obligations do not become a barrier to legitimate cooperation.

The article connects directly to Article 92a, which it explicitly states is unaffected by its provisions.

Important points:

All personnel associated with the Authority, including board members, seconded officials, and contractors, are subject to professional secrecy requirements, including after their duties have ceased.
The Executive Board is required to ensure that individuals providing services to the Authority on any basis are also subject to equivalent professional secrecy requirements.
The Authority is authorised to exchange information with Union or national authorities and bodies within the limits set out in the acts referred to in Article 1(2), and this article does not prevent exchanges with authorities defined in Article 92a(12).

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.
▼M1ModificationInsertedParagraph 3a inserted by Regulation (EU) 2025/2088, Article 7(2). Published in the Official Journal 21 October 2025.▲
1. This Article shall not prevent the Authority from exchanging information with other authorities as defined in Article 92a(12).
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(¹⁸).