Legal Problems of Compliance with Bank Secret when Performing Transactions Using Payment Cards

Abstract

Payment (bank) cards are among the most actively spreading phenomena in the modern world order. However, the problems of preserving information that constitutes banking secrecy in the context of digitalization and the active spread of online payments are of particular importance. Banks are also interested in preventing the disclosure of information constituting a banking secret. However, due to the uncertainty of the current legislation, which establishes the range of information related to bank secrecy, a number of problems arise that need to be analyzed. In the presented article, the author attempts to determine whether the payment card details relate to information constituting a bank secret. Examples from judicial practice in cases arising from disputes between banks and their individual clients regarding the legality of transactions performed by the bank using payment cards are given. It is concluded that the details of the payment cards themselves do not relate to the information constituting a bank secret. They can be considered as a structural element of a banking transaction performed using a payment card.