Article 84 Professional secrecy

This article establishes a confidentiality obligation that applies across all parties involved in the supervision and enforcement framework set up by the regulation.

It acts as a guardrail on the information-sharing and investigatory powers granted elsewhere in this Chapter, ensuring that sensitive information gathered through those processes does not flow beyond its intended purpose.

The scope of those bound by this obligation is notably broad, extending well beyond institutions to individuals working under their supervision and external parties brought into proceedings.

Important points:

• The Commission, the Board, Member States' competent authorities, their staff, and any other persons involved — including auditors and experts — are all prohibited from disclosing information acquired under this Regulation that is covered by professional secrecy.
• This obligation does not prevent the exchange and use of information as otherwise provided for within this Chapter.
• The confidentiality rule explicitly captures external appointees such as auditors and experts appointed under Article 72(2), ensuring no gap exists for third parties brought into the supervisory process.