On 3 October 2025, updated guidance was published regarding the information sharing measures in the Economic Crime and Corporate Transparency Act 2023 (ECCTA) (the Revised Guidance).
ECCTA allows the direct and indirect sharing of information between businesses in the anti-money laundering (AML) regulated sector in order to prevent, detect and facilitate the investigation of economic crime. These measures came into force on 15 January 2024 and are voluntary.
The Home Office, HM Treasury, Ministry of Justice, Companies House, Serious Fraud Office and Department for Business and Trade publish joint guidance to support AML regulated firms (within Schedule 9 of the Proceeds of Crime Act 2002) in utilising these information sharing measures. This guidance was first published in October 2024 and was subsequently updated in December 2024.
The latest Revised Guidance includes a number of drafting clarifications to the December 2024 guidance, including, amongst other things, wording that sets out that:
- the measures will allow for the disapplication of confidentiality, as well as civil liability, for direct sharing of customer information, for the purposes of preventing, detecting or investigating economic crime between AML regulated firms. The measures also allow for the indirect sharing of customer information through a third-party intermediary between certain types of firms listed in the guidance;
- economic crime in this context is defined in schedule 11 of ECCTA;
- the measures do not enable the disclosure of privileged information or information that could contravene the UK General Data Protection Regulation; and
- the Secretary of State can make regulations bringing additional businesses within scope of the direct or indirect sharing provisions.
The Revised Guidance also includes a new section on the application of measures when AML regulated firms undertake AML-regulated and non-AML regulated activity.