Art. 36 Professional secrecy | DMA regulation | DMA

This article establishes the rules governing how information collected under the Digital Markets Act may be used and disclosed.

Its core principle is that information gathered must stay within its intended purpose: general information collected under the regulation is used for the regulation itself, while information gathered under specific articles has slightly broader permitted uses that align with related legal frameworks such as EU merger control rules and data protection law.

The article closes with a strong confidentiality obligation covering all those who handle information collected under this regulation.

Important points:

The Commission, national competent authorities, their staff, and any appointed auditors or experts are prohibited from disclosing information acquired under this regulation that is covered by professional secrecy.
Information collected under Article 14 (gatekeeper notification of concentrations) may also be used for EU and national merger control purposes, connecting this article directly to Regulation (EC) No 139/2004.
Information collected under Article 15 (consumer profiling descriptions) may additionally be used for the purposes of Regulation (EU) 2016/679, the General Data Protection Regulation.

1. The information collected pursuant to this Regulation shall be used for the purposes of this Regulation.
1. The information collected pursuant to Article 14 shall be used for the purposes of this Regulation, Regulation (EC) No 139/2004 and national merger rules.
1. The information collected pursuant to Article 15 shall be used for the purposes of this Regulation and Regulation (EU) 2016/679.
1. Without prejudice to the exchange and to the use of information provided for the purpose of use pursuant to Articles 38, 39, 41 and 43, the Commission, the competent authorities of the Member States, their officials, servants and other persons working under the supervision of those authorities and any natural or legal person, including auditors and experts appointed pursuant to Article 26(2), shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy.