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Art. 39 Contraventions
1 Unless they have committed a more serious offence under another law, any person who wilfully: fails to comply with a decision addressed to them by the Service that mentions the penalties under this Article in the time provided; fails to comply with the obligation to retain data under Articles 19 paragraph 4 and 26 paragraph 5; fails to comply with the obligation to record and, if necessary, pass on the required customer data (Art. 21 para. 2 and Art. 30) when establishing a customer relationship; fails to preserve secrecy vis-à-vis third parties with regard to surveillance; shall be liable to a fine not exceeding 100,000 francs. 2 An attempt is also an offence. 3 If the offender acts through negligence, the penalty is a fine not exceeding 40,000 francs.
Art. 40 Jurisdiction
1 Offences under Article 39 shall be prosecuted and adjudicated in accordance with the Federal Act of 22 March 1974 on Administrative Criminal Law. 2 The Service is responsible for the prosecution and adjudication.
Para. 1 — SR 313.0