S.L. 452.86 Art. 9Confidential information.

(1) Members of the Special Negotiating Body and of the

European Works Council, or of any other body established under these regulations in order to facilitate informing and consulting employees, as well as any persons who assist them, shall not reveal any information which has been provided to them in confidence and this prohibition shall apply even after the expiry of the term of office of the persons concerned:

Provided that a person may, in accordance with his or her duties as a member, expert or employees’ representative to the information and consultation procedure, disclose such information:

(a) to the Body or Council of which he or she is or was then a member,

(b) to another employees’ representative to the procedure, or

(c) to the member, body or person he or she is or was then employed to advise.

(2) Without prejudice to regulation 4, the central management shall not be obliged to transmit certain information to the Special Negotiating Body, European Works Council or in connection with an alternative information and consultation procedure -

(a) where it can show that the disclosure would be likely to prejudice significantly and adversely the economic or financial position of an undertaking or group of undertakings or breach statutory or regulatory rules, or

(b) where the information is of a kind that meets objective standards for determining that it should be withheld