A third party doesn’t know for sure, unless…
![](https://www.taiyolegal.at/wp-content/uploads/2018/07/businessman-3213659_1920-e1531147811986.jpg)
The Austrian Banking Act prohibit banks from disclosing secrets of their customers (Sec. 38 para.1 BWG). Disclosure is defined as informing a person who didn’t know about a secret. The Supreme Court in Civil Matters specified with a recent ruling disclosure: Mere affirmative reaction to an information presented by a third party is also qualified as disclosure. According to the court, an affirmative reaction of the bank certifies the validity of such an information. (9Ob62/16g)
23. January 2018