EBA欧洲银行-EBA-BS-2018-XXX_MT_13页_319kb

EBA Final Report on Confidentiality Regime Equivalence

Core Content

This document, EBA/REC/2018/03, is an amending recommendation issued by the European Banking Authority (EBA) on 8 November 2018. It updates the earlier recommendations EBA/REC/2015/01 regarding the equivalence of confidentiality regimes of third-country supervisory authorities with those of the European Union. The EBA continues its assessment of such regimes in accordance with Article 116(6) of the Capital Requirements Directive (CRD) and Article 16 of the EBA Regulation.

Main Points

1. Purpose and Scope

• The EBA evaluates the confidentiality regimes of third countries to determine if they are equivalent to those in the EU.
• The recommendations aim to inform the opinion of competent authorities on whether these regimes meet the EU's standards, particularly under Chapter 1, Section II of the CRD and Articles 54 and 58 of Directive 2004/39/EC.
• These recommendations are not legally binding but are intended to guide competent authorities in their supervisory practices.

2. Implementation and Compliance

• Competent authorities must notify the EBA whether they comply with or intend to comply with the recommendations by a specified deadline.
• Failure to notify by the deadline is considered non-compliance.
• Notifications should be submitted via the EBA website using the designated form and sent to compliance@eba.europa.eu with the reference EBA/REC/XX/XX.
• The EBA will publish all notifications on its website in line with Article 16(3) of the EBA Regulation.

3. Addressees

• The recommendations are addressed to competent authorities as defined in Article 4(2) of the EBA Regulation.
• These authorities are responsible for supervising financial institutions and are expected to incorporate the EBA's views into their practices.

4. Legal and Regulatory Basis

• The recommendations are issued under Article 16 of the EBA Regulation.
• They are part of an ongoing process to ensure consistent application of EU law and convergence in supervisory practices across the European System of Financial Supervision.

Key Information

1. Assessment of Confidentiality Regimes

• The EBA has assessed the confidentiality regimes of several third countries, including Abu Dhabi Global Market, South Korea, and Moldova.
• The assessment includes evaluations of professional secrecy, confidentiality requirements, and restrictions on disclosure of sensitive information.
• The EBA also considers additional information related to confidentiality, such as data protection and legal frameworks.

2. Equivalence Determination

• The EBA has determined that the confidentiality regimes of the listed third countries are equivalent to EU standards.
• This equivalence allows these third-country authorities to participate in colleges of supervisors under Article 116(6) of the CRD.

3. Future Steps

• The recommendations will be translated into official EU languages and published on the EBA website.
• The deadline for compliance reporting will be two months after the publication of the translations.
• The EBA expects to receive confirmation from competent authorities on their compliance status, regardless of whether they are currently participating in a college of supervisors.

Summary Table

Conclusion

This document reflects the EBA's continued effort to ensure that third-country supervisory authorities meet EU confidentiality standards. The recommendations provide a framework for compliance, reporting, and implementation of these standards, and are part of a broader initiative to foster consistency and convergence in financial supervision across the EU and its third-country partners.