1. Without prejudice to Article 30 or any other legal duty to disclose information, each transmission, storage and/or LNG sys? tem operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall pre? vent information about its own activities which may be commer? cially advantageous from being disclosed in a discriminatory manner. In particular, it shall not disclose any commercially sen? sitive information to the remaining parts of the undertaking, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbun? dling, Member States shall ensure that the transmission system owner including, in the case of a combined operator, the distri? bution system operator, and the remaining part of the undertak? ing do not use joint services, such as joint legal services, apart from purely administrative or IT functions.
2. Transmission, storage and/or LNG system operators shall not, in the context of sales or purchases of natural gas by related undertakings, misuse commercially sensitive information obtained from third parties in the context of providing or nego? tiating access to the system.
3. Information necessary for effective competition and the effi? cient functioning of the market shall be made public. That obli? gation shall be without prejudice to protecting commercially sensitive information.
Source
