n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Basel II - the right to privacy : a South African perspective : analysis




Bankers owe their clients a general duty not to disclose information about their clients' affairs. But this duty is qualified: one exception is that the banker may be compelled by law to disclose such information (see AJ Itzikowitz & SF du Toit 'Banking and Currency' in: WA Joubert (founding editor) vol 2 pt 1 2 ed (2003) in par 345; see also WG Schulze 'Big Sister Is Watching You: Banking Confidentiality and Secrecy under Siege' (2001) 13 601).

In this analysis, I will discuss duties on bankers imposed by the requirements of the Basel II Accord ('the Accord' or 'Basel II'). These requirements may compel South African bankers to disclose information about their clients' affairs, and so they add to the set of provisions that affect the bankers' general duty not to disclose such information.


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