French Monetary and Financial Code
In forceI. - The Banque de France, the Institut d'émission des départements d'outre-mer, the Institut d'émission d'outre-mer, the Autorité de contrôle prudentiel et de résolution and the Autorité des marchés financiers shall cooperate with each other. They shall provide each other with any information that may be useful for the performance of their respective duties.
The Autorité de Contrôle Prudentiel et de Résolution, the Autorité des Marchés Financiers and the Haut Conseil du Commissariat aux Comptes may also provide each other with information relevant to the performance of their respective duties.
II. - The authorities mentioned in I, the deposit guarantee and resolution fund instituted by article L. 312-4, the guarantee fund instituted byarticle L. 423-1 of the insurance code, the compulsory non-life insurance guarantee fund instituted by article L. 421-1 of the same code, the joint guarantee fund instituted byarticle L. 931-35 of the Social Security Code, the guarantee fund instituted byArticle L. 431-1 of the Mutual Code, market undertakings and clearing houses are authorised to provide each other with the information necessary for the performance of their respective duties.
The Autorité de contrôle prudentiel et de résolution, the Autorité des marchés financiers and the Autorité administrative chargée de la concurrence et de la consommation may also provide each other with information that is relevant to the performance of their respective duties in the area of marketing practices.
The Autorité de contrôle prudentiel et de résolution, the customs administration and the Agence française anti-corruption (French anti-corruption agency) may provide each other with information that is useful for the performance of their respective duties in the fight against corruption, money laundering and the financing of terrorism.
The Autorité des marchés financiers (AMF) and the national authority in charge of information systems security may provide each other with any information that may be useful for the performance of their respective duties in the field of information systems security.
The Banque de France, the Autorité de contrôle prudentiel et de résolution and the Autorité administrative chargée de la concurrence et de la consommation shall provide each other with any information that is relevant to the performance of their respective duties in order to ensure compliance with Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009.
The administrative authority in charge of competition and consumer affairs shall determine, by agreement with the Banque de France and the Autorité de contrôle prudentiel et de résolution, the conditions under which it may call on their assistance to carry out, within the limits of their respective powers, the expert assessments required to monitor compliance with Regulation (EU) No 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-related payment transactions. These three authorities shall provide each other with all information relevant to the monitoring of these provisions.
III. - The information collected in accordance with I and II is covered by the professional secrecy in force under the conditions applicable to the body that communicated it and to the recipient body.
This information may only be used by the authorities mentioned in I for the performance of their duties and by the other entities mentioned in II for the purposes for which it was communicated to them, unless the body that communicated it consents.
The authorities mentioned in I may also exchange information covered by professional secrecy with the consent of the authority or person who communicated the information.
Professional secrecy may not be invoked against a judicial authority acting in the context of either criminal proceedings, tax proceedings or proceedings referred to in Titles II, III and IV of Book VI of the Commercial Code initiated against a person referred to in II of Article L. 621-9.
