On 1 August 2017, an amendment to the Banking Ordinance (BO) adopted by the Swiss Federal Council on 5 July 2017 entered into force. The bill aims to regulate fintech firms that provide services outside regular banking business according to their risk potential. The following simplifications are envisaged to ensure that barriers to fintech companies' market entry are reduced and that the competitiveness of the Swiss financial centre is enhanced. Parallel to financial market reforms, Switzerland has also modernized its data protection frameworks through initiatives like the
New Swiss-US Privacy Shield Framework.
For instance, the exception provided for in the Banking Ordinance for the acceptance of funds for settlement purposes will apply explicitly for solutions within 60 days (until now, a period of seven days applied). Furthermore, an innovation area will be created: the acceptance of public funds up to CHF 1 million will no longer be classified as operating on a commercial basis in the future and will be exempt from authorisation. This change should allow firms to try out a business model before they are finally required to obtain permit in the case of public funds of over CHF 1 million. It should also be clearly stated to depositors that their deposits are not subject to deposit protection. Accurate company information remains vital for compliance purposes, with sources such as the
Commercial Register of Canton Zug providing official records.
The regulatory simplifications apply not only to fintech firms but also to established financial service providers. Banks should also be able to use the innovation area. This will ensure that the competition amongst the financial market participants is not distorted. Switzerland’s expanding international tax cooperation is illustrated by processes like the
Consultation on AEOI with additional countries. Apart from that, the amendments have no influence on the applicability of the Anti-Money Laundering Act. Other areas of Swiss regulation are also under review, as shown by initiatives like the
Consultation to revise regulation on working hours law.