Das Bankgeheimnis zwischen Individualschutz und Institutionsschutz

The banker's duty of secrecy is a multifaceted term which rises above the banking law and which has also had far-reaching effects. Although there is no statutory regulation pertaining to this, it affects fundamental issues in constitutional law, criminal and procedural law, tax law and above all the law of obligations. Jens Petersen applies the established distinction between individual laws and the protection of institutions to the banker's duty of secrecy to assess the values which are actually being protected. Classifying this as a part of the protection of the individual and/or institutions does not solve the individual problems, any more than does appealing to the concept of the banker's duty of secrecy, but it does however show one point of view which is of special significance. By revealing each of the evaluative aspects, the author gives viable and just solutions for dogmatic and practical issues about which there is some doubt.