NEWSLETTER-2021

77 BANKING AND FINANCE LAW cases where the information identified as a customer secret is obtained and learned through non-automatic methods or are not a part of any data recording system. The Exceptions to the Obligation of Confidentiality As a principle, sharing information classified as a bank or customer secret with the authorities that are explicitly authorized by the law does not constitute a violation of the confidentiality obligation. Moreover, in cases that are explained in detail under Article 6 of the Regulation, sharing bank or customer secrets will not be considered as a breach of the obligation of confidentiality, provided that a confidentiality agreement is concluded and limited only to specified purposes. These exceptions may be briefly listed as follows: • Exchanging information and documents between banks and financial institutions; • Sharing information and documents for the preparation of consolidated financial reports, risk management and internal audit purposes; • Sharing information and documents as a part of the valuation process for the sale of shares; • Providing information and documents to service providers in connection with assessments, ratings or support services, independent audits or service procurement; • Disclosure of confidential information that is not a client secret, but only a bank secret, to third parties pursuant to a board of directors’ resolution of the bank; • The verification of customer information provided to public institutions by the customer’s request by banks, risk centers, or companies established by at least five banks or financial institutions. Although some of the exceptions to the obligation of confidentiality were included in Article 73 of the Law, there may be discrepancy about which cases are considered to be exceptions or in which cases the customer request or instructions are required. On the other hand,

RkJQdWJsaXNoZXIy MjUzNjE=