December 2021

In its decision 6B_216/2020 of 1 November 2021, the Swiss Federal Supreme Court confirmed the conviction of an asset manager for illegal acts on behalf of a foreign state. This asset manager had personally transferred client data from Switzerland to the US and handed it over to the US authorities in the context of the tax dispute between Switzerland and the United States. However, this new precedent on Art. 271 of the Swiss Criminal Code does not provide clear guidance on the boundaries of this blocking statute as regards the crucial question as to whether Swiss data can be used in connection with proceedings abroad.