Code of Federal Regulations (alpha)

CFR /  Title 17  /  Part 49  /  Sec. 49.18 Confidentiality and indemnification agreement.

(a) Purpose. This section sets forth the obligations of registered swap data repositories to execute a ``Confidentiality and Indemnification Agreement'' in connection with providing access to swap data to certain domestic and foreign regulators.

(b) Confidentiality and indemnification agreement. Prior to the registered swap data repository providing access to the swap data with any Appropriate Domestic Regulator or Appropriate Foreign Regulator as defined in Sec. 49.17(b), the swap data repository shall receive a written agreement from each such entity stating that the entity shall abide by the confidentiality requirements described in Section 8 of the Act relating to the swap data that is provided; and each such entity shall agree to indemnify the swap data repository and the Commission for any expenses arising from litigation relating to the information provided under Section 8 of the Act.

(c) Certain appropriate domestic and foreign regulators with regulatory responsibility over a swap data repository. The requirements set forth above in paragraph (b) shall not apply to certain Appropriate Domestic and Foreign Regulators with regulatory responsibility over a swap data repository as described in Sec. 49.17(d)(2) and (3). The swap data repository and such Appropriate Domestic or Foreign Regulator in each case is required to comply with Section 8 of the Act and any other relevant statutory confidentiality provisions.