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Cap. 645 · Credit Servicers And Credit Purchasers (Cap. 645)

Cap. 645 Art. 31Confidentiality. 

PART IV

In forceOfficial text

(1) Information obtained by the competent authority or by its officers, employees or agents, whether current or former, or by inspectors, auditors and experts formerly or currently engaged by the competent authority for the purposes of, or in accordance with, any of the provisions of this Act or any regulations made thereunder, or Credit Servicing Rules or Conduct of Business Rules issued thereunder, or in the discharge of any functions under any of the said provisions, or by any other person who works, or has worked for the competent authority, or by any third party to whom the competent authority has delegated any of its functions or powers, shall be treated as confidential and protected by the duty of professional secrecy, and shall not be disclosed to any other person, except in the following cases:

(a) where the authority, body or person communicating the information to the competent authority consents thereto;

(b) where the disclosure of the information is necessary for any legal proceedings;

(c) where the information is provided to such other local or European or overseas regulatory, judicial or enforcement authorities in the pursuance of serious concerns of a regulatory or criminal nature; and, or

(d) where the disclosure of the information is permitted or required by law or European Union legislation.

(2) The information referred to in sub-article (1) shall include all information exchanged between the competent authority and European regulatory authorities in accordance with this Act or any regulations made thereunder, or Credit Servicing Rules or Conduct of Business Rules issued thereunder that concerns business or operational conditions and other economic or personal affairs.

Amendment history
  • Amended by XI.2025.53