About Merrill Lynch Bank (Suisse) S.A.

Privacy & Security

As a part of Merrill Lynch's long tradition of trust, the confidentiality of personal information is paramount. We maintain high standards to safeguard personal information. We will remain vigilant in protecting that information and in using it in a fair and lawful manner.

Swiss Banking Secrecy

Merrill Lynch Bank (Suisse) S.A. is incorporated in Switzerland and licensed by the Swiss Banking Commission. As such, the same Swiss banking and secrecy laws apply to MLB(S) as those that apply to any other licensed bank in Switzerland.

Swiss banking secrecy was created originally to protect financial assets of foreign depositors from the confiscatory policies of hostile governments. It has since evolved into a cornerstone of each individual's right to privacy in his financial affairs. The practice was codified in the Swiss Banking Act, wherein it became an offence for the banker to disclose information about a client's account or financial affairs.

Swiss law states that it is a violation for anyone employed by a bank to reveal a secret, or to induce anyone else to reveal a secret entrusted to him or of which he has become aware, which pertains a bank's client. Similarly, whoever induces others to reveal a secret with respect to the bank's clients commits an offence to Swiss law. The law not only punishes deliberate and intentional violations, but also negligent violations, with up to six months imprisonment and a SFr 50,000 fine, and the bank can be liable for damages created by the breach. The Swiss criminal code also prohibits disclosure of information of an economic nature to a foreign authority or foreign private person if there is a Swiss national interest or private interest to keep the information secret.

Limits to Swiss Banking Secrecy

Swiss banking secrecy is not absolute, and there are some exceptions. These exceptions include, but are not limited to:

The client himself may authorize full or partial disclosure e.g. the MLB(S) LPOA

In inheritance matters, the bank will normally be obliged to give information on the property of the deceased to each heir and to executor or administrator of the estate after it has ascertained that the person requesting the information is legally entitled to it.

In specific civil matters and in Swiss criminal proceedings, the Court may order the bank to disclose. Under specific and strict conditions, Switzerland grants international legal assistance in criminal and administrative matters to other countries.

Except in inheritance matters and when the client himself authorizes the disclosure, MLB(S) would disclose only upon the orders of the Swiss judicial authorities and would not act unilaterally.

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On this Site we may use cookies or other technology to gather information about site usage to help us improve the content, usability and functionality of this site, and to remember certain user attributes (such as the country you are accessing this site from and your language selecting). This helps us better tailor this site for users and better understand how many new and repeat users visiting this site, which features or pages are most popular, and user browsing and usage patterns.

Are websites and email secure places to transfer my personal information?

E-mail is not a secure communication channel. Because it is a widely used form of communication and is usually provided by legitimate sources (AOL, MSN, Yahoo!), many people mistakenly believe that they can share personal information in an e-mail because it is private and secure. In fact, that is not the case. Identity thieves have ways of monitoring e-mail messages to purloin pieces of personal information that can assist their criminal activity.

Make sure your computer virus and firewall software is current to safeguard your personal computer at home. Your employer may safeguard your work computer, but it is your responsibility to take care of your home computer.

How " secret " are Swiss banks?

In Switzerland we have traditionally had great respect for an individual's privacy, and this has always included financial privacy. Surveys consistently show that the vast majority of the Swiss people want to maintain this privacy. However, the high level of confidentiality Swiss banks offer both their domestic and foreign customers is not absolute and certainly does not shield criminals. The right to privacy can be suspended when a criminal investigation is underway, and Switzerland extends international legal assistance in cases where the crime in question is punishable under Swiss law. Our aim is to protect the privacy of the honest bank customer while exposing criminals to the full force of the law.

What personal and technical information do we collect via this Site?

This site will collect personal information that you voluntarily provide, such as your name, address, telephone number or e-mail address. This Site may also collect information on what country you are accessing this Site from and your preferences, such as language selection; information on which pages within this Site you visit; and certain technical information regarding your computer and operating systems, such as your Internet protocol address, domain name and system configurations and settings. We will not know who you are unless you tell us.

Additionally, if this site is a password-protected site then (a) once you submit your password and enter, this site will recognize who you are and will collect all information that you submit, including all electronic instructions (including all transaction information), and (b) any information collected about you from this site may be associated with other identifying information we have about you.