Rules for cloud outsourcing
2. Are there any rules that apply to cloud use by financial institutions (e.g., rules regarding outsourcing or the use of cloud services)?

Yes, the following laws must be observed:

  • Federal Act on Data Protection (SR 235.1) and the Ordinance to the Federal Act on Data Protection
  • Banking Act (SR 235.11)
  • Federal Act on Financial Institutions (SR 954.1 "FinIA")
  • Insurance Supervision Act (SR 961.01)

The Swiss Financial Market Supervisory Authority (FINMA) has set out the rules regarding outsourcing in the two circulars below:

  • Circular 2018/3 Outsourcing — banks, insurance companies and selected financial institutions under FinIA
  • Circular 2008/21 Operational risks at banks (This circular is currently being revised and replaced by the new FINMA Circular 2023/1 Operational risks and resilience — banks, scheduled to enter into force on 1 January 2024).

Draft Circular 2023/1 Operational risks and resilience — banks, focuses on the supervisory practice with regard to the management of operational risks in connection with information and communication technology, including the handling of critical data and cyber risks.