A-34-01 FADP

Can a person facing criminal proceedings obtain from FINMA, under the FADP, the documents relating to an enforcement procedure targeting a bank? No, where the request is in fact intended to prepare their criminal defence and to intervene in the enforcement proceedings (Federal Administrative Court, A-1251/2024, A-1692/2024 of 16 September 2026). An Australian lawyer, who manages three offshore companies, holds a bank account with a Swiss bank. On 28 October 2020, the Geneva Public Prosecutor’s Office initiated criminal proceedings against[...]

On 25 November, Switzerland entered the era of Open Banking with the launch of the ‘bLink’ platform operated by SIX. This development places Switzerland within an international movement that aims to promote the sharing of financial data via standardised interfaces, in order to offer customers greater access to innovative services offered by a variety of financial service providers. Open Banking is defined as a standardised model for sharing financial data, which aims to facilitate the exchange of information between financial[...]

In its ruling ACJC/805/2025 of June 16, 2025, the Court of Justice of the Canton of Geneva ruled on an action for rectification of personal data brought in a banking context. This ruling, which to our knowledge is one of the first published court decisions on such an action in the banking sector, raises questions regarding the application of the revised Federal Act on Data Protection (FADP) in relation to the designation of a beneficial owner. The ruling, which is[...]

In its decision of 29 January 2025, published on 1 July 2025, the Federal Data Protection and Information Commissioner (PFPDT) issued a warning to a Swiss bank for repeated violations of the provisions of the Data Protection Act (DPA) relating to the right of access. This decision sets clear standards: strict compliance with the 30-day deadline for responding to the data subject and the obligation to provide personal data ‘as such’. This decision follows two complaints filed by customers who[...]