«Open Banking» in der Schweiz – Herausforderungen an den Schnittstellen von Finanzmarkt-, Datenschutz- und Kartellrecht

«Open Banking» challenges traditional financial institutions in Switzerland and around the world. It poses strategic as well as legal compliance challenges. The present study delimits the (sometimes synonymously used) terms «Open Banking» and «API Banking» to the effect that Open Banking presupposes an access to the banking account (XS2A) on the basis of non-discriminatory criteria. It thus constitutes a special category of API Banking. To the extent that account servicing payment service providers (ASPSPs) are not obliged to cooperate with authorised third party service providers (TPPs) due to lack of regulatory requirements and allow solely discretionary access, it is preferable to use the broader term API Banking. In Switzerland, there are no direct XS2A provisions, and Swiss ASPSPs have to date opted against a non-discriminatory disclosure of their application programming interfaces (APIs). Further, neither the de lege lata obligations arising from SEPA participation nor the de…