Article 58a

Capital Requirements Directive (CRD) > TITLE VII > CHAPTER 1 > Section II > Article 58a
Article 58a
Transmission of information to international bodies
Main content: 

1.    Notwithstanding Article 53(1) and Article 54, competent auth­ orities may, subject to the conditions set out in paragraphs 2, 3 and 4 of this Article, transmit or share certain information with the following:

(a)    the International Monetary Fund and the World Bank, for the purposes of assessments for the Financial Sector Assessment Program;

(b)    the Bank for International Settlements, for the purposes of quanti­ tative impact studies;

(c)    the Financial Stability Board, for the purposes of its surveillance function.

2.    Competent authorities may only share confidential information following an explicit request by the relevant body, where at least the following conditions are met:

(a)    the request is duly justified in light of the specific tasks performed by the requesting body in accordance with its statutory mandate;

(b)    the request is sufficiently precise as to the nature, scope, and format of the required information, and the means of its disclosure or transmission;

(c)    the requested information is strictly necessary for the performance of the specific tasks of the requesting body and does not go beyond the statutory tasks conferred on the requesting body;

(d)    the information is transmitted or disclosed exclusively to the persons directly involved in the performance of the specific task;

(e)    the persons having access to the information are subject to profes­ sional secrecy requirements at least equivalent to those referred to in Article 53(1).

3.    Where the request is made by any of the entities referred to in paragraph 1, competent authorities may only transmit aggregate or anonymised information and may only share other information at the premises of the competent authority.

4.    To the extent that the disclosure of information  involves processing of personal data, any processing of personal data by the requesting body shall comply with the requirements laid down in Regulation (EU) 2016/679 of the European Parliament and of the Coun­  cil (1).


(1) Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of natural persons with regard to the processing of personal data and  on the free movement  of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).