3.05.06. Where a partner, shareholder, director, officer or employee of a limited liability partnership or a joint-stock company in which the dentist exercises his professional activities or has interests, is in a conflict of interest, upon becoming aware thereof, the dentist shall take appropriate measures to ensure that any information or documents pertaining to professional secrecy shall not be disclosed to such partner, shareholder, director, officer or employee.
To determine the effectiveness of such measures, the following factors shall be taken into account:
(1) the size of the limited liability partnership or joint-stock company;
(2) the precautionary measures taken to prevent access to the dentist’s records by the person in a conflict of interest;
(3) the instructions given regarding the protection of the confidential information or documents related to this conflict of interest;
(4) the relative isolation of the person in the conflict of interest.