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In this act Article 5 of 15

Article 5 — Procedures applicable to reports of infringements

Financial servicesLevel 2Implementing DirectiveMARIn forceOfficial source

5(1)

1.The procedures applicable to reports of infringements referred to in Article 4(2)(b) shall clearly indicate all of the following information:

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5(1)(a)
(a)that reports of infringements can also be submitted anonymously;
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5(1)(b)
(b)the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person;
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5(1)(c)
(c)the type, content and timeframe of the feed-back about the outcome of the report of infringement that the reporting person can expect after the reporting;
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5(1)(d)
(d)the confidentiality regime applicable to reports of infringements, including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed in accordance with Articles 27, 28 and 29 of Regulation (EU) No 596/2014.
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5(2)

2.The detailed description referred to in point (d) of paragraph 1 shall ensure awareness of the reporting person concerning the exceptional cases in which confidentiality of data may not be ensured, including where the disclosure of data is a necessary and proportionate obligation required under Union or national law in the context of investigations or subsequent judicial proceedings or to safeguard the freedoms of others including the right of defence of the reported person, and in each case subject to appropriate safeguards under such laws.

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