Abstract
The notion of banking secrecy is in the current legislation contained in § 38 of Act no. 21/1992 Coll., On Banks, as amended (the "Banking Act"). Legislation stipulates that all banking transactions and financial services of banks, including account balances and deposits, are subject to banking secrecy.
Similarly, § 49 of Act no. 6/1993 Coll., On the Czech National Bank, as amended, provides that all banking operations of the Czech National Bank, including balances on the accounts it keeps, shall be subject to banking secrecy. The duty of confidentiality is stipulated in § 39 of the Banking Act.
It is a modification stating that the bank employees, bank board members, members of its Board of Directors and members of the Supervisory Board are obliged to maintain confidentiality in matters that concern the interests of banks and their members. The article focuses on the identification and comparison of these concepts and considers some question de lege ferenda.