swissworld.org - Switzerland's official information portal

swissworld.org - Switzerland's official information portal

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Protection of privacy in financial matters – banking secrecy

Safe deposit boxes in a Swiss bank. (in new window)

Safe deposit boxes in a Swiss bank.© swissworld.org

No other aspect of the Swiss banking system is surrounded by so many myths, legends and mistaken ideas as banking secrecy. For some, Swiss banking secrecy is a Swiss trademark, as impregnable as a fortress. For others, it is a dubious, even harmful institution that must be fought politically. Both perceptions collide with reality – the first standpoint is positively exaggerated, while the second is negatively charged. The reality is different.

Banking secrecy forbids Swiss banks providing their parties with information about their clients, although this protection is not absolute. In some ways, banking secrecy is for bankers what the Hippocratic Oath is for doctors. In other words, it is there to protect the client, not the bank. The bank alone cannot lift banking secrecy. However, the client may relieve the bank of its duty of confidentiality and allow or even require it to disclose information covered by the banking secrecy law. Bank employees who violate that duty may be jailed or fined.

In December 2012 the Swiss government finalised its anti-money laundering strategy for the Swiss financial centre. It states in very clear terms that Switzerland pledges to handle only declared financial assets. Moreover, with the proposed anonymous source tax, Switzerland reconciles two legitimate concerns: the right of countries to collect taxes on the one hand, and the rights of citizens to the protection of their personal privacy in financial matters on the other.

Background

Banking secrecy is borne out of a long tradition of discretion, on which the reputation of Swiss bankers was forged. Since 1935 it has been expressly incorporated in Swiss law. However, banking secrecy is not exclusive to Swiss legislation: it exists in several other countries with a highly developed banking and finance system, even if it is applied differently.

Limits

There has always been a limit to Swiss banking secrecy: neither money launderers nor terrorists can hide behind it, nor can anyone suspected of corruption or other serious offences. Numerous provisions of civil law, debt collection and bankruptcy law, criminal law, administrative criminal law, and mutual assistance in criminal matters provide for exceptions to banking secrecy. Accordingly, banking secrecy can be lifted against the client's will on the order of a judicial or supervisory authority.

Furthermore, in March 2009, the Swiss government decided to withdraw its reservations to Article 26 of the OECD Model Convention with respect to administrative assistance on tax matters. Consequently, Swiss banks may supply information on a case-by-case basis to a foreign tax authority in response to a specific and substantiated request. However, the financial privacy of citizens who have  not acted unlawfully will remain intact.

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