THE CIVIL LIABILITY OF THE BANK FOR VIOLATING BANKING SECRECY BY HIS FORMER EMPLOYEE (Odpowiedzialnosc cywilnoprawna banku za naruszenie tajemnicy bankowej przez jego bylego pracownika)
The article concerns the issue of banking secrecy violation by a former employee of the bank and the bank's liability for disclosing client's confidential information. On 19th February 2010 the Supreme Court made the verdict (signature Act IV CSK 428/09 - unpublished), that explains the issues related to the legal basis of the bank's liability for violating banking secrecy. The aim of this article is, therefore, to analyse the basics of the bank's liability for violating bank secrecy and period in which current and former bank employees or individuals, through which the bank makes banking operations are bind by bank secrecy. Considering doubt, whether the provision of Article 105, Paragraph 5 of the Act of 29 August 1997 Banking Law, is an independent legal basis for the bank's liability for damage caused by disclosure of banking secrecy, it was assumed that this provision can not serve as an independent basis of liability of the bank for damages resulting from the disclosure of this secret and use it for purposes not intended. It was considered that Article 105, Paragraph 5 of the Act of 29 August 1997 Banking Law can provide - in conjunction with the relevant provisions of the Civil Code - the basis for contractual liability (Article 471, 474 Civil Code), or a tort liability of a bank (Art. 415, 429, 430 Civil Code). Banking secrecy obligation, which rests on bank employee, keeps its validity not only for the duration of the employment relationship, but also in the period after its termination, so in perpetuity.
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