So, what means banking secrecy from a legal point of view? The individual right to privacy (in this case, the right of the bank-customer) is the basis of banking secrecy. [2] Art. 28 of the Swiss Civil Code recognizes individuals' and companies' right to privacy, including economic privacy and information on their banking relationships and the assets concerned. Therefore, secrecy covers both natural and legal persons. In other words, confidentiality generally prohibits banking institutions, and their officers and employees, from disclosing customer data to third parties. [3] The delivery of negative reports relating to customers is also forbidden by bank customer secrecy codes. [4]
There is no exclusive list of data protected by bank secrecy. Still, it may include, for example, information on the customer as a private individual, the value of investments, the customer's relationship with other banks, if any, the information given by the customer about his financial circumstances etc. The Banking Act only protects information related to an identified or identifiable customer. A bank, therefore, discloses customer data by, for example, anonymising the customer name, account number, online identifier, or other identifying information, or by aggregating customer data. [3]
These strict confidentiality protocols are especially relevant when dealing with financial settlements or intermediary services such as
How Escrow Payments Work, which rely on absolute discretion and legal certainty in fund handling.