EBA欧洲银行-EBA-Rec-2017-01-Recommendation-amending-EBA-Rec-2015-02_MT_11页_321kb

报告摘要

Summary of EBA/REC/2017/01: Recommendations on the Equivalence of Confidentiality Regimes

Core Content

EBA/REC/2017/01 is a document issued by the European Banking Authority (EBA) that provides recommendations on the equivalence of confidentiality regimes across different jurisdictions. It outlines the obligations for competent authorities and financial institutions to comply with these recommendations, and specifies the applicable legal frameworks in various countries.

Main Points

1. Compliance Obligations

Competent Authorities: Must make every effort to comply with the recommendations.
Reporting Requirements: Competent authorities are required to notify the EBA by 07.08.2017 whether they comply with the recommendations or not.
Non-compliance: If a competent authority does not comply, it must inform the EBA accordingly.
Notification Format: Notifications should be submitted using the available form on the EBA website to compliance@eba.europa.eu with the reference EBA/REC/2017/01.
Third Parties: Competent authorities may also require third parties to report compliance with the recommendations.
Changes in Compliance Status: Any changes in the status of compliance must also be reported to the EBA.

2. Implementation and Applicability

Effective Date: The recommendations apply from 12 January 2017.
Target Audience: The recommendations are directed at competent authorities, as defined in Article 4(2) of Regulation (EU) No 1093/2010.

3. Legal Frameworks

The document compares the legal regimes of several jurisdictions to assess their equivalence with the EBA's standards on confidentiality. It includes the following key areas:

Confidentiality Concept (Principle 1): Legal definitions and protections for confidential information.
Professional Confidentiality Requirements (Principle 2): Obligations for professionals to maintain confidentiality.
Use Restrictions of Confidential Information (Principle 3): Rules on how confidential information can be used.
Disclosure Restrictions (Principle 4): Conditions under which confidential information can be disclosed.
Additional Considerations: Includes commercial confidentiality and external disclosure requirements.

Key Jurisdictions and Legal References

Jurisdiction	Principle 1	Principle 2	Principle 3	Principle 4	Additional Considerations	Global Assessment
Australia<br>1) Australian Prudential Regulation Authority (APRA)	Article 56 (1) of the Australian Prudential Regulation Authority Act 1998	Article 56 of the Australian Prudential Regulation Authority Act 1998	Article 56, Article 10 A(1) of the Australian Prudential Regulation Authority Act 1998	Article 56, Article 10 A(1) of the Australian Prudential Regulation Authority Act 1998; Article 2 of the APRA Protocol	Article 56 (2) of the Australian Prudential Regulation Authority Act 1998	Equivalent
Australia<br>2) Reserve Bank of Australia (RBA)	Article S79A of the Reserve Bank Act 1959	Article S79A, B of the Reserve Bank Act 1959	Article S79 of the Reserve Bank Act 1959	Reserve Bank Act 1959, Article S79, Article 10 A(1); Protected Information, Confidential Documents and Confidentiality Obligations – RBA Guidelines, October 2016, Article 7	Article S79A of the Reserve Bank Act 1959	Equivalent
Hong Kong<br>1) Hong Kong Monetary Authority (HKMA)	Banking Ordinance, Sections 120.1–4	Banking Ordinance, Sections 120.1.a–c; 120.2	Banking Ordinance, Sections 120.1; 7.1–2	Banking Ordinance, Section 120.5	Banking Ordinance, Section 120.6	Equivalent
Japan<br>1) Bank of Japan (BoJ)	Article 29 of the Bank of Japan Act	Article 29 of the Bank of Japan Act; Article 100 (1) of the Public Act	Article 1, 29 of the Bank of Japan Act	Article 1, 29 of the Bank of Japan Act; Article 4 of the Act for Establishment of the Ministry of Finance	Article 63 of the Bank of Japan Act	Equivalent
Japan<br>2) Financial Services Agency (JFSA)	Article 100 (1) of the Public Act	Article 100 (1) of the Public Act	Article 100 (1) of the Public Act; Article 4 of the Act for Establishment of the JFSA	Article 191, 197, 223 of the Civil Procedure Code; Article 103, 144 of the Criminal Procedure Code	Article 82, 109 of the Public Act	Equivalent
Kosovo<br>Central Bank of the Republic of Kosovo (Banka Qendrore e Republikës së Kosovës)	Articles 74, 23 (4) of Law No 03/L-209	Articles 74, 23 (4) of Law No 03/L-209; Articles 18, 22 of Law No 03/L-209	Articles 8 (1), 32 (4), 74 of Law No 03/L-209; Article 79 (1) of Law No 04/L-093	Articles 32 (4), 74 (1), (2) of Law No 03/L-209; Article 21 of Law No 03/L-209	Articles 203 of the Criminal Code No 04/L-082; Article 25 of Law No 03/L-209	Equivalent

Conclusion

This document serves as a guide for competent authorities and financial institutions in assessing the equivalence of their confidentiality regimes with those of the European Union. It emphasizes the importance of compliance, transparency, and the need for timely reporting. The legal frameworks of Australia, Japan, and Kosovo are evaluated for their alignment with the EBA's standards, and in all cases, they are found to be equivalent.

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