Part 1: Digital Markets Regulatory coordination and information sharing Section 109: Information sharing
This section extends the information provisions of Part 9 of the Enterprise Act 2002 to cover the new functions of the CMA introduced in Part 1 of this Act. It will also extend the provisions to enable sharing of information between the CMA and the Information Commissioner’s Office (ICO) where it facilitates the exercise of one of their respective statutory functions.
	Subsection (1) adds Part 1 of the Act to the list of Specified Functions set out in Schedule 14 of the Enterprise Act 2002. This places any information obtained by the CMA through the exercise of any statutory function under the digital markets regime in scope of the general restriction on disclosure set out at section 237 of the Enterprise Act 2002. It is a criminal offence under section 245 of the Enterprise Act 2002 to disclose or use information to which section 237 applies unless that disclosure or use is permitted by Part 9 of the Enterprise Act 2002.
	Subsection (2) adds several pieces of legislation to Schedule 15 of the Enterprise Act 2002. This would allow - under section 241(3) of the Enterprise Act 2002 - any public authority, such as the CMA, to share information which it holds that is subject to the restriction on disclosure in section 237 with a different party. This would only be possible for the purpose of assisting that party exercise a statutory function under any of the pieces of legislation added to this Schedule. For example, by adding legislation which contains functions of the ICO, the CMA will be able to share information obtained through its functions under this Act to facilitate the ICO carrying out its functions under that legislation.