Civil and Disciplinary Liability Resulting from the  Violation of Banking Secrecy Under Law No. 23/09

Zerguini Radia

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Published: Aug 1, 2024

Keywords:

commitment, principle of banking secrecy, civil penalty, disciplinary liability, public order

Zerguini Radia

Abstract

Commitment to banking secrecy is one of the necessities whose establishment must be ensured by the state. It is regarded as a legal means to protect the client's personal life, preserve the cashier, attract local and foreign funds, in addition to protecting the economic interests of the state. However, disclosing the banking secret can lead to undermining trust between the client and the bank resulting in a reluctance to save and invest money. Therefore, the legal legislations have required banks to adhere to banking secrecy using the criminal penalties, as well as the civil and disciplinary liability. Yet, these liabilities are not absolute, but rather restricted, because the legislator has specified exceptions to the principle of commitment to banking secrecy in order to protect the public order and the public interest.1

Issue

Vol. 61 No. 8 (2024)

Section

Articles

This work is licensed under a Creative Commons Attribution 4.0 International License.

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