Article 9 Permissible uses of information

This article governs how information that has been exchanged between supervisors under the broader cooperation framework can be further disclosed.

Building on the information-sharing obligations established in Articles 5 and 6, it clarifies that exchanged information may be passed on to other supervisors or relevant public authorities without needing prior consent from the supervisor that originally provided it — provided the disclosure is justified for supervisory purposes.

A notable exception exists where the information originates from a third-country counterparty, in which case this freedom to disclose without consent does not apply.

The article also sets a transparency requirement, ensuring the originating supervisor is kept informed of any such disclosure.

Important points:

• Supervisors may disclose exchanged information to other supervisors or public authorities without prior consent of the originating supervisor, as long as it is duly justified for supervisory tasks.
• The consent-free disclosure does not apply where the information originates from a third-country counterparty.
• The originating supervisor must be notified — where possible in advance, but at the latest at the time of disclosure — of what was shared, with whom, and why.