Under Swiss criminal law, a violation of relevant local rules on outsourcing primarily leads to criminal liability for the violation of the secrecy obligation (Article 47 of the Banking Act, Article 69 of the Act on Financial Institutions and Article 35 of the Revised Federal Act on Data Protection). Additionally, a violation of the rules on outsourcing may lead to administrative measures with a punitive character. In certain circumstances — and not only in case of a breach of outsourcing rules but generally in the course of outsourcing — the following additional consequences under criminal law could be relevant:
Noncompliance with financial markets regulations may also lead to administrative measures being taken by the Swiss Financial Market Supervisory Authority against relevant supervised entities and their officers and executives. Additionally, violation or noncompliance could lead to civil law claims due to an infringement of personality rights. It might also trigger claims under contract law should the noncompliance/violation also breach any contractual agreement.