(1) 1To prevent and combat money laundering and terrorist financing, the supervisory authorities, in performing their functions under section 51, cooperate fully with each other and with the institutions specified in section 54 (3). 2In the context of this cooperation, the supervisory authorities are obliged to transmit to each other, ex officio and on request, information, including personal data and the results of inspections insofar as knowledge thereof is necessary for fulfilling the functions of the supervisory authorities under section 51. 3The competent supervisory authority transmits all information to the competent administrative authority ex officio on a case-by-case basis insofar as the information is necessary for the administrative authority to perform its functions. 4If there are indications of criminal offences, the administrative authorities notify the competence law enforcement agencies without undue delay.
(2) The authorities responsible under section 155 (2) of the Industrial Code in conjunction with the respective Land law under section 14 (1) of the Industrial Code transmit the data of the business registration under annexes 1 to 3 of the Regulation on Business Registration (Gewerbeanzeigenverordnung) regarding obliged entities under section 2 (1) to the competent supervisory authorities under section 50 no. 9 free of charge on request, insofar as knowledge of these data is necessary for the performance of the supervisory authorities’ functions under section 51.
(3) The register authority specified in section 11a (1) of the Industrial Code transmits the data specified in section 6 of the Regulation on Financial Mediation (Finanzanlagevermittlungsverordnung) and in section 8 of the Regulation on Insurance Mediation (Versicherungsvermittlungsverordnung) to the competent supervisory authorities under section 50 no. 9 free of charge on request, insofar as knowledge of these data is necessary for the performance of the supervisory authorities’ functions under section 51.
(4) Further-reaching powers of the supervisory authorities regarding the processing of personal data under other legal provisions remain unaffected.
(5) 1In cross-border cases, the cooperating supervisory authorities and the institutions specified in section 54 (3) coordinate their measures. 2If an obliged party whose registered office is in another member state of the European Union has one or more branches or establishments in Germany, the supervisory authorities and institutions referred to in sentence 1 cooperate with the competent authorities of the member state in which the obliged entity has its head office.
(6) 1Insofar as supervisory authorities supervise the obliged entities under section 2 (1) nos. 1 to 3 and 6 to 9, they provide the following authorities, upon request, with all information necessary for the performance of their functions on the basis of Directive (EU) 2015/849 and Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No. 716/2009/EC and repealing Commission Decision 2009/78/EC, Directive (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No. 716/2009/EC and repealing Commission Decision 2009/79/EC and Directive (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No. 716/2009/EC and repealing Commission Decision 2009/77/EC:
- the European Banking Authority,
- the European Insurance and Occupational Pensions Authority,
- the European Securities and Markets Authority.
2The information must be made available in accordance with Article 35 of Directive (EU) No. 1093/2010, Article 35 of Directive (EU) No. 1094/2010 and Article 35 of Directive (EU) No. 1095/2010.
(7) The exchange of information with the competent supervisory authorities of other member states of the European Union is not precluded by:
- a reference in the request to tax matters,
- national law requiring the obliged entities to maintain secrecy or confidentiality, except in cases where
a) the relevant information to which the request refers is protected by legal privilege or
b) legal professional secrecy under section 43 (2) sentence 1 applies,
- there is an inquiry, investigation or proceeding underway in the requested member state, unless the assistance would impede that inquiry, investigation or proceeding,
- differences in the nature and status of the requesting and the requested authority.
(8) 1The competent supervisory authorities under section 50 nos. 1 and 2 can conclude cooperation agreements providing for cooperation and the exchange of facts within the meaning of section 54 (1) with the competent authorities of third countries that constitute counterparts of those competent supervisory authorities. 2Such cooperation agreements must be concluded on the basis of reciprocity and only if it is ensured that the transmitted facts are at least subject to the requirements contained in section 54 (1). 3Facts transmitted according to those cooperation agreements must be used for the purpose of performing the supervisory functions of those authorities. 4Section 54 (4) applies, with the necessary modifications.