30 regulation of the financial market authority (FMA), the issuer compliance regulations 2007 modifies the
On the basis of article 82, paragraph 6 and section 48 d para 11 of the Stock Exchange Act 1989 - BörseG, BGBl. No. 555, as last amended by Federal Law Gazette I no. 145/2011, is prescribed:
The issuer compliance regulation 2007 - CDI 2007, Federal Law Gazette II No. 213, is amended as follows:
1. in paragraph 3 is inserted after the Z 1 following Z 1a:
"1a."compliance relevant information"inside information within the meaning of no. 1 or any other information that is confidential and price-sensitive is."
2. in article 3 Z 3 sentence 1 and Z 4 sentence 2 and section 4, paragraph 4, sentence 1 and paragraph 5 the word "Insider information" is replaced by the phrase "insider information".
3. paragraph 5 together with the heading:
"Handling of insider information
§ 5 (1) which has the issuer to issue appropriate instructions within a confidentiality area insider information reach only those persons who involved in the processing of this information on the basis of their activity. This is to minimize the number of people dealing with insider information.
(2) the issuer has appropriate instructions to give, so that everyone in the company for the first time known that has become and as such recognized compliance relevant information immediately reported to the compliance officer.
(3) documents and external data carriers, in particular floppy and CD-ROM, containing insider information, are kept so that they are not accessible to those persons who are concerned with the processing of this insider information, the documents or the external disk not on the basis of their activity.
(4) electronically stored data, including electronic mail, including insider information, are such to ensure that they are not accessible to those persons who are concerned with the processing of this insider information or data not on the basis of their activity."
4. paragraph 6 along with heading:
"Disclosure of insider information
That insider information in the internal business compared to other divisions are strictly confidential and a confidentiality area only under the conditions laid down in paragraph 2 and 3 leave section 6 (1) which has the issuer to make sure.
(2) compliance related information may only be propagated from a confidentiality area to another business area if this is necessary for business purposes. Such information disclosure has to restrict itself to the extent absolutely necessary.
(3) once passed a compliance relevant information from one confidentiality area, is the compliance officer to inform immediately. The information content, the name of the reporting person, it has to record the time of receipt of the message and the dissemination of information, as well as the names of those individuals who already have knowledge of the insider information or to gain knowledge.
(4) the requirement laid down in paragraph 3 for immediate information to the compliance officer shall not apply if the dissemination of insider information within the framework of institutionalised and pre-defined information procedures. The issuer has to document these institutionalised and pre-defined information procedures as well as any changes in writing and to bring the compliance officer to note."
5. paragraph 7:
"The issuer has 7 (1) precautions to take, that insider information is subject to confidentiality even after leaving a confidentiality area, unless that insider information is published in accordance with the obligations according to section 48 d para 1 and 3 BörseG. In particular the obligation to indicate the addressee of the information that it's an insider information is one of these arrangements.
(2) the transfer of insider information to external persons is permitted only
1. If this is necessary for business purposes to feed 2 when disclosure is limited to the extent absolutely necessary and 3 the external person - if it is not already obliged on the basis of laws or rules of confidentiality - is obliged under an agreement to keep confidential insider information and any misuse within the meaning of § 48B Austrian Stock Exchange Act ("non-disclosure agreement").
With regard to the dissemination of insider information is anyway, note 48B."
6. in the heading of section 3, article 12 par. 2 Nos. 2 and 3 as well as article 13 para 2 and 3 is "Insider information" the phrase "insider information" replaced by.
7. in article 14 the following paragraph 3 is added:
"(3) § 3 Z 1a, Z 3 sentence 1 and Z 4 sentence 2, section 4, paragraph 4, sentence 1 and paragraph 5, sections 5 and 6 together with heading, § 7, the heading of section 3, article 12 par. 2 Nos. 2 and 3 as well as article 13 para 2 and 3 as amended the regulation BGBl. II Nr 30/2012 with the day after the proclamation into force."