The HETS Operator shall comply with all the rules laid down in the applicable legislation regarding transparency and disclosure of information with respect to the transactions carried out in the context of the Balancing Market, and, in particular, with the provisions of:

a) Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and the transparency of the wholesale energy market,

b) Implementing Commission Regulation (EU) 1348/2014 of 17 December 2014 on the reporting of data for the implementation of Article 8 (2) and (6) of Regulation (EU) 1227/2011 of the European Parliament and of the Council on the integrity and the transparency of the wholesale energy market,

c) Commission Regulation (EU) 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and on amending Annex I to Regulation (EC) 714/2009 of the European Parliament and of the Council,

d) Commission Regulation (EU) 2017/2195 of 23 November 2017 on establishing a guideline on electricity balancing, or

e) any other relevant regulatory act or law.

The HETS Operator shall provide to third parties, and, in particular, to the Participants, following a reasoned request, information relating to transactions carried out in the framework of the Balancing Market, provided that:

a) this act is not contrary to a provision of law,

b) the information does not constitute commercially sensitive information and its provision does not entail unfair commercial or competitive advantages to third parties and, in particular, to the registered Participants and

c) the third party, including the registered Participants, is bound by a confidentiality clause.

General information on the operation of the System as well as information on statistical data is not considered to be confidential.

Without prejudice to paragraph 3 of this Article, the HETS Operator and any registered Balancing Service Provider/registered Balance Responsible Party that receives confidential information in connection with this Rulebook shall preserve the confidentiality of such information and shall not disclose, report, publish, communicate, transfer or use, directly or indirectly, any part of the confidential information for a purpose other than that for which it was notified to it.

Without prejudice to paragraph 3 of this Article, the HETS Operator or the registered Balancing Service Provider/registered Balance Responsible Party may disclose confidential information of another party:

a) to the extent provided for in this Rulebook or the Clearing Rulebook for Balancing Market Positions.

b) to the extent required, in order to comply with the applicable national or European legislation as provided for in paragraph 1 of this Article,

c) to the extent required by competent courts or authorities during proceedings before them, in which the addressee participates,

d) if required for the proper fulfillment of its duties and obligations under applicable law and this Rulebook, or

e) if required for the issuing of licenses or approvals by the competent authority.

Moreover, the obligations arising from this Article shall not apply:

a) if the party receiving the information can prove that, at the time of disclosure, such information was already publicly available,

b) if the party receiving the information presents evidence that, since the notification the information has been legally received by a third party or made available to the public,

c) to confidential information disclosed in accordance with legal and regulatory arrangements in an aggregated form, from which no information relevant to a particular Market Participant can be deducted,

d) to information whose publication is explicitly provided for in the present Rulebook.

The confidentiality obligations of this Article shall remain in effect for the entire duration and for a period of five (5) years from the termination of the Balancing Service Contract or the Balance Responsible Party Contract.

The conclusion of a Balancing Service Contract or Balance Responsible Party Contract and the exchange of confidential information shall not give rise to any right to patents, knowledge or any other form of copyright in respect of information or tools made available or sent by one party to another by virtue of this Rulebook.