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From the magazine SZW-RSDA 3/2024 | p. 299-319 The following page is 299

Die Meldepflicht nach Art. 29 Abs. 2 FINMAG

This article examines the reporting obligation under article 29 para. 2 of the Financial Market Supervisory Authority Act (FINMASA). The contribution discusses the scope and limits of this reporting obligation, and includes relevant aspects of criminal and data protection law. The authors analyse materials, literature, FINMA practice and apply their experience as practicing attorneys to sharpen the contours of the reporting obligation. The article shows which facets must be considered when assessing whether a specific case falls under the reporting obligation according to article 29 para. 2 FINMASA. This article is aimed in particular at practitioners in the financial sector (in-house counsels), practicing attorneys, experts from the supervisory authority as well as legal scholars. The article’s intention is to provide a comprehensive overview of the reporting obligation under article 29 para. 2 FINMASA and to offer valuable insights for its application in practice.

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