> For the complete documentation index, see [llms.txt](https://www.headlesslaw.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.headlesslaw.com/mifir/articles/38a.md).

# Article 38a — Exercise of ESMA’s powers

*In force · Consolidated version of 23 November 2025 · Checked against EUR-Lex on 30 Sep 2026 ·* [*Official source*](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014R0600-20251123)

The powers conferred on ESMA or any official of or other person authorised by ESMA by [Articles 38b](/mifir/articles/38b.md) to 38e shall not be used to require the disclosure of information or documents which are subject to legal privilege.

***

[Title VIa — ESMA powers and competences](/mifir/titles/via.md) · [← Article 38](/mifir/articles/38.md) · [Article 38b →](/mifir/articles/38b.md)


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