Malta Financial Services Authority Act (Cap. 330), article 17

17. (1) Other than for the proper discharge of their duties or functions under this or any other Act, or as may be otherwise provided in any other law, the members of the Board of Governors or of any other organ of the Authority, and the officers and employees of the Authority shall treat any information acquired in the discharge of their duties as confidential, and shall not, d irectly or indirectly, disclose such information to any other person, e xcept with the consent of the person who had divulged the information . For the purposes of this sub-article, "employees" and "official s" shall include former e mployees and officials. (2) Notwithstanding the foregoing provisions of this article, th e MALTA FINANCIAL SERVICES AUTHORITY [CAP. 330. 21 Authority may, pursuant to a written request, disclose informat ion to: (a) an overseas regulatory authority or body carrying out similar or equivalent functions in order to assist the same in matters related to the regulation and supervision of financial services and the registration of commercial partnerships; (b) local or overseas enforcement or regulatory authorities, bodies or other entities, or a network or grouping comprising such local or overseas enforcement or regulatory authorities, bodies or other entities, or both, for the purpose of preventing, detecting, investigating or prosecuting the commission of acts that amount to or are likely to amount to a criminal offence under any law or to an offence or breach of a regulatory nature, whether in Malta or overseas; (c) any other body or authority formed or established under Maltese law on matters in respect of which such body or authority may have a regulatory, supervisory, judicial, registration or licensing function in terms of law: Provided that the Authority shall disclose the requested information where required or requested to do so within the ter ms of Malta’s international commitments, or where so required with in the terms of understanding assume d in bilateral or multilateral agreements for the exchange of information and other forms of collaboration, including a request arising under a Memorandum o f Understanding concluded with the Authority. (3) The obligation of professiona l secrecy shall not prevent the Authority from exchanging or transmittingconfidential informati on to the European Central Bank (ECB) , the European Securities and Markets Authority (ESMA), the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA), colleges of supervisors or to the European Systemic Ri sk Board (ESRB), subject to conditi ons and restrictions emanating from European Union legislation. (4) Information divulged to the Authority under conditions of confidentiality in pursuance to a request within the terms of a bilateral or multilateral agreem ent, memorandum of understandin g or other similar document or arrangement for the exchange of information or for any other form of collaboration with any authority, body or other entity as provided for in this article shall be treated as confidential and no Court or Tribunal may order the disclosure of such information unless the prior written approva l of any such authority , body or other entity is obtained. 22 CAP. 330.] MALTA FINANCIAL SERVICES AUTHORITY Attachment Orders. Cap. 621. Added by: XX. 2007.7. Amended by: L.N. 424 of 2007; VIII.2020.84. Substituted by: VI.2024.9.