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)
A third party doesn’t know for sure, unless…
