Regulation 23

where the disclosure of user information —

is necessary for the making of a complaint or report under any written law of an offence alleged or suspected to have been committed under that written law; and

is made for that purpose;

where the disclosure of user information —

is permitted for a purpose specified in writing by the user or, if the user has died, by the user’s personal representative; and

is made for that purpose;

where the holding company (if any) of the recognised market operator is the approved holding company of an approved exchange, a licensed trade repository or an approved clearing house, and the disclosure of user information is made to that holding company;

where the disclosure of user information —

is necessary for the execution by the recognised market operator of a transaction in any issued securities, issued units in collective investment schemes or derivatives contracts or for the clearing or settlement of a transaction; and

is made only to another user who is —

a party to the transaction; or

a member of an approved exchange, an approved clearing house or a recognised clearing house through which that transaction is executed, cleared or settled;

where the disclosure of user information —

is necessary in disciplinary proceedings of the recognised market operator; and

is made for that purpose;

where the disclosure of user information —

is necessary for the publication of information on disciplinary proceedings, or on the outcome of disciplinary proceedings, of the recognised market operator; and

is made for that purpose;

where the user information that is disclosed is in the public domain;

where the recognised market operator enters into a contract for service (including a contract for service to perform one or more functions of the recognised market operator, a contract for service to create, install or maintain one or more systems of the recognised market operator, or a contract for service to provide legal, consulting or professional services to the recognised market operator) with a person, and the disclosure of user information —

is necessary for the performance of that contract for service; and

is made to that person for the purpose of the performance of that contract for service;

where the disclosure of user information —

is necessary, or is required by the Public Trustee, the Commissioner of Estate Duties or the equivalent in a foreign jurisdiction of the Public Trustee or the Commissioner of Estate Duties, for the purpose of —

an application for a grant of probate or letters of administration, or the resealing of a grant of probate or letters of administration, in relation to the estate of a deceased user; or

the administration of the estate of a deceased user; and

is made for that purpose;

where the disclosure of user information is made in connection with —

the bankruptcy of a user who is an individual; or

the winding up, receivership or judicial management of a user that is a body corporate.

maintain, and make available for inspection by the Authority, a record of —

the circumstances relating to the disclosure of user information; and

the particulars of the contract for service mentioned in paragraph (1)(h); and

take reasonable steps to ensure that the person to whom the disclosure is made (called in this paragraph A) —

uses that user information only for the purpose of performing the contract for service mentioned in paragraph (1)(h); and (ii)does not further disclose that user information to any other person (called in this paragraph B) unless —

the recognised market operator consents to the further disclosure;

A maintains, and makes available for inspection by the Authority, a record of the circumstances relating to the further disclosure; and

A takes reasonable steps to ensure that B uses that user information only for the purpose of performing the contract for service mentioned in paragraph (1)(h).