By-laws of the Deposit Protection Fund valid from January 2023

Section 11 – Obligation of confidentiality and secrecy,
avoidance of conflicts of interest
1. The members of the bodies and committees of the Banking Association and
its member associations shall be obliged to keep in the strictest confidence
and to make no unauthorised disclosure or use of anything of which they
become aware in such capacity regarding the activities of the Fund and the
Auditing Association and the results thereof, as well as the circumstances of
the participating banks and their customers, even after termination of their
membership in such bodies and committees. Such obligation shall also be
imposed upon employees of, and other persons engaged by, the Banking
Association.
5. The members of the bodies and committees of the Banking Association as well
as those of the Risk Committee shall be obliged to act in the interests of the
Deposit Protection Fund in matters concerning the Fund. When making their
decisions, they shall neither pursue personal interests nor consider business
opportunities for the bank they represent. Any affected member of a body shall
report conflicts of interest to their chair without delay. The respective chair
shall disclose their own conflicts of interest to their deputy chair. The chair in
question or, if they are prevented from doing so, their deputy, shall decide what
measures should be taken to prevent, resolve or mitigate conflicts of interest.
Section 12 – Dissolution of the Fund
2. The members of the Board of Directors and of the committees, as well as the
employees of the Banking Association, shall be bound by procedures designed
to avoid violations of the Act against Restraints of Competition (Gesetz gegen
Wettbewerbsbeschränkungen) and of the corresponding requirements of EU law.
The dissolution of the Fund and the use of the Fund assets shall be matters for
decision by the Members’ Assembly (Mitgliederversammlung) in accordance with
Section 11 of the By-laws.
3. Subsection (1) shall not apply to communications that bodies of the Banking
Association make at their due discretion to the competent supervisory or
resolution authorities, to the Compensation Scheme of German Private Banks
or to the Auditing Association in connection with the purposes of the Fund.
Furthermore, subsection (1) shall not apply to communications to a member
association of the Banking Association in connection with the admission, the
exclusion or the calculation of the membership contributions of a bank.
4. The obligation to maintain confidentiality and secrecy under subsections (1)
and (2) shall also apply in regard to banks which are members of the Auditing
Association without already participating in the Fund.
42 By-laws Section 11
By-laws Section 11 – Section 12 43