Article 129 Secret professionnel

Summary What does Article 129 of the MiCA regulation say?

This brief article establishes the professional secrecy obligation as it applies to EBA in the context of its supervisory responsibilities under this regulation.

It extends the obligation broadly, covering not just current EBA staff but also former staff and any third parties to whom EBA has delegated tasks.

It sits within the wider framework governing EBA's supervisory powers over issuers of significant asset-referenced tokens and significant e-money tokens, complementing the confidentiality provisions found in Article 100 which applies to competent authorities more generally.

Important points:

EBA, all current and former EBA staff, and all persons to whom EBA has delegated tasks (including contracted auditors and experts) are bound by professional secrecy.
The scope of this obligation is notably wide, capturing the full chain of individuals involved in EBA's supervisory activities.
This obligation mirrors the confidentiality requirements placed on competent authorities elsewhere in the regulation, ensuring consistent standards across all supervisory actors.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

L’obligation de secret professionnel s’applique à l’ABE et à toutes les personnes qui travaillent ou ont travaillé pour l’ABE ou à toute autre personne à laquelle l’ABE a délégué des tâches, y compris les contrôleurs des comptes et les experts mandatés par l’ABE.

Table of contents

Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.