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FINMA Explains Banking Implications Of TIEA Network,
by Ulrika Lomas, Tax-News.com, Brussels
Thursday, June 18, 2009
The Swiss Financial Market Supervisory Authority, FINMA, has released a statement
warning of the residual risks associated with payment and securities transactions
with regards to bank client data.
Its statement notes:
'In the course of carrying out payment and securities transactions, information
and messages are exchanged by banks and securities dealers. This exchange of
information occurs when conducting international and in some cases domestic
payment and securities transactions and when making information inquiries through
the SWIFT system. It is essential as a means of facilitating connections between
all banks and ensuring the orderly processing of clients' transactions. Data
protection is accorded by the strict data protection standards adhered to by
SWIFT. However, SWIFT stores data abroad. Up until 2012, data will be stored
in the Netherlands and in the US, and from 2012 onwards they will be stored
in Switzerland and the Netherlands. For technical reasons it was not possible
to devise an economically feasible, practical solution as an alternative to
SWIFT that could have been used for all domestic payment and securities transactions.'
It continues:
'Data stored abroad are no longer protected under Swiss law and may be passed
on to foreign authorities in accordance with the regulations of the country
where the client data is stored. In view of the residual risk these circumstances
entail, the Swiss Bankers Association has issued, as agreed with the FINMA and
the Federal Data Protection Commissioner, a general client information notice
with a comprehensive guide explaining how the system works, and the implications
of Switzerland’s new Tax Information Exchange network on bank transfers.
The guidance note is available via the Swiss Bankers Association website.'
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