---
slug: obrigacao-conservacao-sigilo
lang: en
titulo: Financial institutions must maintain confidentiality in their active and passive operations and services provided
resposta: Financial institutions must maintain confidentiality in their active and passive operations and services provided, as per Complementary Law No. 105, of January 10, 2001.
curto: Financial institutions' confidentiality
tema: Compliance
revisada: 2026-10-02
proxima: 2027-04-02
---

## Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Financial institutions and equivalents | Conducting active, passive operations, and services provided | Maintaining confidentiality over such operations and services | Complementary Law No. 105/2001, art. 1º | 10/01/2001 |

Data consulted on 02/10/2026.

## Basis
- [Complementary Law No. 105/2001 (Planalto, in Portuguese)](https://www.planalto.gov.br/ccivil_03/leis/lcp/lcp105.htm): Article 1 establishes that financial institutions must maintain confidentiality in their active and passive operations and services provided.

## How it applies
The obligation applies to financial institutions and entities equivalent to them under Complementary Law No. 105/2001, which includes banks of any kind, securities distributors, foreign exchange and securities brokers, credit, financing and investment companies, mortgage credit companies, credit card administrators, leasing companies, over-the-counter market administrators, credit cooperatives, savings and loan associations, stock and commodity futures exchanges, clearing and settlement entities, other societies considered by the National Monetary Council, and commercial financing or factoring companies. The duty to maintain confidentiality covers all active operations, passive operations, and services provided by these entities, except in legal exceptions and confidentiality breaches provided for in the same law.

## Limits
- This card covers only the general obligation to maintain confidentiality as provided for in Article 1 of Complementary Law No. 105/2001.
- It does not include the detailed list of exceptions, confidentiality breach cases, or the competencies of the Central Bank, CVM, or the Judiciary.
- The versions read are those published by Planalto; subsequent changes should be verified in the source.