Art. 100 Professional secrecy | MiCA regulation | MiCA

This article establishes the confidentiality regime governing information exchanged between competent authorities under the regulation.

It sits within the broader supervisory cooperation framework and acts as a safeguard on the information-sharing obligations found elsewhere in the regulation, ensuring that sensitive business, operational, economic, and personal information does not flow freely beyond the supervisory context in which it was shared.

Exceptions to confidentiality exist only where the disclosing authority explicitly permits it, or where legal proceedings or national taxation and criminal law require it.

Important points:

Competent authorities are required to treat all information exchanged under the regulation as confidential and subject to professional secrecy, unless a specific exception applies.
The professional secrecy obligation extends to all natural and legal persons who work or have worked for a competent authority, not just the authority itself.
Confidential information may only be disclosed where Union or national legislative acts permit it, or where legal proceedings or national taxation and criminal law necessitate it.

1. All information exchanged between the competent authorities under this Regulation that concerns business or operational conditions and other economic or personal affairs shall be considered confidential and shall be subject to the requirements of professional secrecy, except where the competent authority states at the time of communication that such information may be disclosed or such disclosure is necessary for legal proceedings or cases covered by national taxation or criminal law.
1. The obligation of professional secrecy shall apply to all natural and legal persons who work or have worked for the competent authorities. Information covered by professional secrecy may not be disclosed to any other natural or legal person or authority except by virtue of Union or national legislative acts.