Chapter VII
Article 70
Confidentiality
Plain-Language Summary
Requires national competent authorities, notified bodies, and the AI Office to ensure the confidentiality of information and data obtained during the application of the AI Act. Trade secrets and commercially sensitive information must be protected.
Keywords
confidentialitytrade secretsintellectual propertynational securitycompetent authoritiesinformation exchange
Legal Text
Article 70 — Confidentiality 1. National competent authorities, notified bodies and the Commission shall, in accordance with Union and national law, ensure the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular: (a) intellectual property rights, and confidential business information or trade secrets of a natural or legal person, including source code, except the cases referred to in Article 5 of Directive 2016/943/EU on the protection of undisclosed know-how and business information; (b) the effective implementation of this Regulation, in particular for the purpose of inspections, investigations or audits; (c) public and national security interests; (d) integrity of criminal or administrative proceedings. 2. Without prejudice to paragraph 1, information exchanged on a confidential basis between the national competent authorities and between national competent authorities and the Commission shall not be disclosed without the prior consultation of the originating national competent authority.