Decision (EU) 2016/1162 (ECB/2016/19)

In force

This text since 30 Jun 2016law://eu/dec/2016/19/rct_3@2026-11-14

(3)There is a history of cooperation between NCAs and national criminal investigation authorities in dealing with access to confidential information about supervised entities or supervised groups, within the meaning of Article 2(20) and Article 2(21), respectively, of Regulation (EU) No 468/2014 (ECB/2014/17), in accordance with national law. The conditions for such cooperation and for disclosure of confidential information to national criminal investigation authorities are largely determined by national law. However, Union law has certain implications for the conditions under which confidential information held by competent authorities, including the ECB, within the SSM may be disclosed to national criminal investigation authorities upon their request. Those Union law provisions establish, for example, the principle of sincere cooperation, the principles of cooperation in good faith and the obligation to exchange information within the SSM, the obligation to protect personal data and the obligation of professional secrecy.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Decision · (EU) 2016/1162
Adopted: 30 Jun 2016
In force: 5 Aug 2016
Made by: European Central Bank
Official: EUR-Lex 32016D0019 · ELI

Topics

banking supervision confidentiality credit institution data protection disclosure of information institutional cooperation interinstitutional cooperation (EU)judicial cooperation in criminal matters in the EU judicial investigation offence Exchange of information and public access to documents Freedom of establishment

History · 1 version

30 Jun 2016Reading

Connections

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Cites 2: Regulation (EU) No 468/2014 (ECB/2014/17); this act

Defined terms · 3

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confidential information
means any confidential information, including information covered by data protection rules, by the obligation of professional secrecy, by the professional secrecy rules contained in Directive 2013/36/EU or documents classified as ‘ECB-CONFIDENTIAL’ or ‘ECB-SECRET’ under the ECB's confidentiality regime, and excluding any information concerning persons who have an employment relationship with the ECB or a direct or indirect contractual relationship with the ECB for the execution of works, the supply of products or the provision of services;
national competent authority
(NCA) has the same meaning as defined in Article 2(2) of Regulation (EU) No 1024/2013.
national criminal investigation authority
means a national authority with competence in criminal law matters;