EBA欧洲银行-EBA-GL-2016-03-28Final-report-on-GL-on-the-provision-of-information-in-summary-or-collective-form-for-the-purposes-of-Article-842832920of-BRRD_20页_278kb

EBA Guidelines on Summary or Collective Form of Confidential Information (EBA/GL/2016/03)

Core Content

These guidelines, issued by the European Banking Authority (EBA), are based on Article 84(7) of Directive 2014/59/EU (BRRD) and aim to define how confidential information should be disclosed in summary or collective form to ensure that individual institutions or entities cannot be identified.

The guidelines focus on three principle-based factors that should be considered before such disclosure is made:

• Number of institutions: Confidential information should generally relate to at least three institutions, unless specific patterns and the context of disclosure indicate that there is no risk of identification.
• Specific patterns: Avoid references to specific characteristics, names, or distinctive data that could identify individual institutions.
• Context of disclosure: Avoid disclosure when the circumstances (such as the method, timing, or number of recipients) could lead to identification of individual institutions.

Main Views

• The EBA's approach seeks to strike a balance between promoting convergent supervisory practices and maintaining flexibility for different types of confidential information and situations.
• The second exemption under Article 84(3) of the BRRD allows for disclosure of confidential information in summary or collective form, provided that individual institutions or entities cannot be identified.
• The guidelines are not limited to specific cases, but are general and principle-based to apply broadly to all scenarios where confidential information is disclosed under this exemption.
• The preferred option is to combine the number of institutions with specific patterns and context of disclosure, allowing for disclosure of information relating to fewer than three institutions only when the risk of identification is negligible.

Key Information

Scope of Application

• The guidelines apply to competent authorities, resolution authorities, and financial institutions.
• They are relevant for confidential information received during professional activities or from competent/resolution authorities in the context of the BRRD.

Compliance and Reporting

• Competent authorities must notify the EBA of their compliance with the guidelines or provide reasons for non-compliance by a specific date.
• Notifications should be submitted via the EBA website using the form available at compliance@eba.europa.eu with the reference EBA/GL/2016/03.
• Any change in compliance status must also be reported.

Implementation

• The guidelines will be translated into all official EU languages and published on the EBA website.
• Competent authorities are expected to implement the guidelines within six months of the publication of the translations.

Impact Assessment

• The EBA conducted a cost-benefit analysis of the guidelines.
• The preferred policy option is considered to have low cost and medium benefit, making it a justified choice for implementation.
• The guidelines do not require the specification of percentages or heterogeneity of entities, as this could be too complex and impractical.

Feedback and Consideration

• The Banking Stakeholder Group (BSG) generally supported the EBA's approach and did not propose significant amendments.
• Some respondents suggested introducing additional factors, such as the use of encryption or a minimum percentage of entities involved in disclosure, but the EBA concluded that these would be outside its mandate and potentially too complicated to implement.
• The EBA maintains that the current approach is proportionate and sufficient to achieve the goal of anonymity in disclosure.

Conclusion

These guidelines are intended to ensure that confidential information is disclosed in a way that protects the anonymity of individual institutions or entities. They promote convergent supervisory practices across the EU while allowing for necessary flexibility in different contexts. The EBA emphasizes the importance of applying the three principle-based factors in a coordinated manner to achieve the desired level of anonymity.