National Bank Ordinance (NBO)

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In The Matter OfNational Bank Ordinance (NBO)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Scope of Application

Art. 3 Subject

The Swiss National Bank conducts the required statistical surveys: a. to fulfil its monetary policy tasks; b. to fulfil its oversight tasks with respect to systemically important financial market infrastructures; c. within the context of its contribution to the stability of the Swiss financial system; d. on behalf of international organisations of which Switzerland is a member; e. for drawing up the balance of payments and the statistics on the international investment position.

let. b — Amended by No I of the SNB O of 26 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5307).

Art. 4 Principles of data collection

1 The National Bank shall limit the number and type of surveys to what is strictly necessary. In particular, it shall ensure that the burden on the institutions obliged to provide information for the collection of statistical data is kept to a minimum. 2 It shall conduct a survey among all institutions obliged to provide information (full sample survey) if the data that can be gained by conducting a survey among a part of these institutions (partial sample survey) are not representative or pertinent. 3 It shall not collect statistical data in cases where it can draw on existing, sufficiently pertinent, statistics or if it can procure data of a comparable quality by other means within the available time. 4 It can totally or partially release certain groups of institutions required to provide statistical information from their obligation.

Art. 5 Statistical surveys

1 The Annex to this Ordinance lays down the following for each survey: a. name of survey; b. coverage; c. whether it is to be conducted as a partial sample survey or a full sample survey; d. reporting institutions; e. whether, in the case of an institution divided into several organisationally independent units, the survey covers the domestic office (including domestic branches), the entire parent company (including foreign branches) or the entire group (including branches and subsidiaries in Switzerland and abroad); f. the intervals at which it is conducted (frequency); g. the deadline for submitting the data (submission deadline); and h. any other procedures. 2 If, in order to fulfil a statutory task, the National Bank urgently requires the data of a particular survey, it shall fix, for a limited period of time, a submission deadline and frequency deviating from the Annex for such survey. 3 ...

Para. 3 — Repealed by No I of the SNB O of 10 June 2013, with effect from 1 July 2013 (AS 2013 1987).

Art. 6 Supplementary surveys

1 If, in order to fulfil a statutory task, the National Bank urgently requires additional data, it shall conduct supplementary surveys or, within the context of existing surveys, solicit data not provided for in the Annex to this Ordinance. The supplementary surveys must be limited to what is strictly necessary in terms of content and time. 2 The National Bank advises the respective reporting institutions of: a. the coverage; b. the purpose and the procedure of the survey; c. the envisaged use of the data; d. the envisaged data protection measures. 3 At the request of a reporting institution, the National Bank issues an order on the obligation to provide information and the coverage and extent according to Article 52 NBA.

Art. 7 Consultation of the reporting institutions

The National Bank shall give the reporting institutions and their associations an opportunity to express an opinion before amending this Ordinance with a view to: a. determining or changing the organisation and the procedure of a survey; b. introducing a new survey or significantly extending an existing survey.

Section 2 Conduct of Surveys

Art. 8 Participation of the reporting institutions

1 The reporting institutions are invited by the National Bank to participate in the survey. 2 They are required to provide the information truthfully, within the deadline, free of charge and in the prescribed form.

Art. 9 Calling in third persons

1 If the National Bank calls in third persons to conduct surveys, these shall, in particular, be contractually obliged as follows: a. to use the data supplied to them or collected by them in the course of their mandate solely for the exercise of this mandate; b. not to combine the survey conducted on behalf of the National Bank with any other surveys; c. after completion of the mandate, to return all the data to the National Bank and to delete electronically saved data. 2 Any exception from these obligations shall require the written permission of the National Bank. 3 Third persons must provide evidence of the fact that they have taken the necessary technical and organisational measures for the processing of these data in accordance with the Data Protection Ordinance of 31 August 2022.

Para. 3 — SR 235.11. The reference was amended to 1 Sept. 2023 in application of Art. 12 para. 2 of the Publication Act of 18 June 2004 (SR 170.512).

Art. 10 Form of reporting

1 The National Bank issues technical instructions on the form of reporting. 2 In particular, it specifies which data are to be provided entirely or partially in electronic form.

Art. 11 Confidentiality and data protection

1 All institutions entrusted with conducting surveys shall be obliged to treat the collected data confidentially. They shall take all due care that the data collected are stored in a safe place. 2 The information provided by the reporting institutions is stored in accordance with the Federal Act on Archiving of 26 June 1998.

Para. 2 — SR 152.1