Switzerland

The following further criminal offences impairing security, confidentiality, integrity and avail-ability have to be considered under Swiss law:

• Breach of professional secrecy (Art. 321 SCC) – penalty: custodial sentence up to two years or monetary penalty; Art. 35 DPA – monetary penalty; Article 47 of the Banking Act – penalty: custodial sentence up to three years or monetary penalty; Article 147 FMIA – custodial sentence not exceeding three years or monetary penalty);
• Unsolicited distribution of spam massages (Article 3 lit. o in conjunction with Article 23 of the Federal Law on Unfair Competition) – penalty: custodial sentence up to three years or monetary penalty.