قراءة في الأساس القانوني للالتزام بالسر المصرفي في التشريع الجزائري و التشريعات المقارنة

الملخص EN

This article tackles banking secrecy which is one of the fundamental principles of banking.

It involves all the obligations in which banks are required to protect their clients privacy and confidentiality.

Some jurists argue that the basis of the banking secrecy obligation lies in the agreement between the client who deposits the secret and the trustee with whom it is deposited.

Such argument implies the existence of a contract between the said trustee and the client.

On the other hand, other jurisprudents criticize the notion of the contract in this matter, claiming that the foundation of the commitment to banking secrecy is based mainly on fault liability.

Others however, insist that banking secrecy is grounded in public order or public interest.

Conversely, we can say that banking secrecy is founded on an unnamed contract of relative public order, of which the violation is punished by a penal legal text.

The relativity in lifting banking secrecy, can help preventing money laundering.