Abstract

This article is aimed at clarifying difficult and complicated problems relating to practical application of confidentiality regulations. The article has been written in the context of administrative law responsibility of brokers and investment advisors, that is people practicing professions of public trust. Problems concerning interpretation of the laws in force are – in authors’ opinion – quite far-reaching. A restrictive approach of regulators may often lead to unfair or rash exclusion of certain people from the group of licensed assistants to stock market players. With a view to the relatively complicated substance and legislative problems, the authors of the article declare themselves to be in favour of implementing the rule of penal responsibility in such cases. For example, it will involve the in dubio pro reo or the culpability principles.