Abstrakt
Legal regulations in the Czech Republic regulate two institutes in relation to banks - banking secrecy and the duty of confidentiality. These are concepts that are similar in something and different in something.
The concept of banking secrecy is contained in the current legislation of the Czech Republic in Section 38 of Act No. 21/1992 Coll., On Banks, as amended (hereinafter referred to as the "Banking Act"). The legislation stipulates that all banking transactions, financial services of banks, including balances on accounts and deposits, are subject to banking secrecy.
At the same time, Section 49 of Act No. 6/1993 Coll., On the Czech National Bank, as amended, stipulates that for all banking operations of the Czech National Bank (central bank and banking supervision authority of the Czech Republic), including balances on accounts, it maintains covered by bank secrecy. However, the concept of banking secrecy is not explicitly defined in the legislation of the Czech Republic.
The duty of confidentiality is enshrined in Section 39 of the Banking Act. This is an amendment stipulating that the bank's employees, members of the bank's statutory body, members of the bank's board of directors and members of the bank's supervisory board are obliged to maintain confidentiality in business matters affecting the interests of the bank and its members.
The article focuses on the definition and comparison of these terms in the Czech legal system in terms of the addressees of obligations, the protected subject and some related issues.