Translation of "protection for disclosers from reprisal " (English → French) :

Where a market sounding involves the disclosure of inside information, the disclosing market participant will be considered to be acting within the normal course of his employment, profession or duties where, at the time of making the disclosure, he informs and receives the consent of the person to whom the disclosure is made that he may be given inside information; that he will be restricted by the provisions of this Regulation from trading o ...[+++]r acting on that information; that reasonable steps must be taken to protect the ongoing confidentiality of the information; and that he must inform the disclosing market participant of the identities of all natural and legal persons to whom the information is disclosed in the course of developing a response to the market sounding.

Information related to the implementation of the IGA Decision is partly confidential, both due to some of the provisions of the IGA Decision itself (Article 4 – Confidentiality) or due to certain exceptions set out in Regulation 1049/2001 on public access to European Parliament, Council and Commission documents (Article 4 (1) (a), 3rd indent - Protection of international relations, Article 4 (5) - Request by a Member State not to disclose a document originating from that Memb ...[+++]er State without its prior agreement or Article 4 (2), 2nd indent - Protection of court proceedings and legal advice).

It results from the abovementioned provisions that, at the time of collecting personal data from individuals (or, at the latest, at the time when data are first disclosed through the EWRS), for the purposes of adopting the measures required to protect public health in relation to events to be notified under Decision No 2119/98/EC and its implementing rules, a legal notice containing the information listed in Ar ...[+++]ticles 10 and 11 of Directive 95/46/EC must be given by the national competent authorities directly to data subjects.

(27) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, in order to determine the procedures under which AIFM managing portfolios of AIF whose assets under management do not exceed the threshold set out in this Directive may exercise their right to be treated as AIFM covered by this Directive. These delegated acts may also specify the criteria to be used by competent authorities to assess whether AIFM comply with their obligations as regards their conduct of business, the type of conflicts of interests AIFM have to identify, as well as the reasonable steps AIFM are expected to take in terms of internal and organizational procedures in order to identify, prevent, m ...[+++]anage and disclose conflicts of interest. They may specify the risk management requirements to be employed by AIFM as a function of the risks which the AIFM incurs on behalf of the AIF that it manages as well as any arrangements needed to enable AIFM to manage the particular risks associated with short selling transactions, including any relevant restrictions that might be needed to protect the AIF from undue risk exposures. They may specify the liquidity management requirements of this Directive and in particular the minimum liquidity requirements for AIF, they may specify the requirements that originators of securitisation instruments have to meet in order for an AIFM to be allowed to invest in such instruments issued after 1 January 2011. They may as well specify the requirements that AIFM have to comply with when investing in such securitisation instruments. They may specify the criteria under which a valuator can be considered independent in the meaning of this Directive. They may specify the conditions under which the delegation of AIFM functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the AIF in case of excessive delegation. They may s ...

In this respect, the Commission should be able to adopt measures determining the procedures under which AIFM managing portfolios of AIF whose assets under management do not exceed the threshold set out in this Directive may exercise their right to be treated as AIFM covered by this Directive. These measures are also designed to specify the criteria to be used by competent authorities to assess whether AIFM comply with their obligations as regards their conduct of business, the type of conflicts of interests AIFM have to identify, as well as the reasonable steps AIFM are expected to take in terms of internal and organizational procedures in order to identify, prevent, manage and disclose ...[+++] conflicts of interest. They are designed to specify the risk management requirements to be employed by AIFM as a function of the risks which the AIFM incurs on behalf of the AIF that it manages as well as any arrangements needed to enable AIFM to manage the particular risks associated with short selling transactions, including any relevant restrictions that might be needed to protect the AIF from undue risk exposures. They are designed to specify the liquidity management requirements of this Directive and in particular the minimum liquidity requirements for AIF. They are designed to specify the requirements that originators of securitisation instruments have to meet in order for an AIFM to be allowed to invest in such instruments issued after 1 January 2011. They are as well designed to specify the requirements that AIFM have to comply with when investing in such securitisation instruments. They are designed to specify the criteria under which a valuator can be considered independent in the meaning of this Directive. They are designed to specify the conditions under which the delegation of AIFM functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the AIF in case of excessive delegation. They are designed to specify ...

ensure (by amending Article 20 (1) in line with other EU data protection instruments) that information — where data have not been obtained from the data subject or have been obtained from him without his knowledge — shall be provided to him ‘no later than the time when data are first disclosed’