By Charlotte GAUCHON
16 March 2025
In their relationship with their customers, bankers are subject to a set of obligations and responsibilities, the contours of which have gradually been defined by case law and the law. This responsibility is based on two key concepts: the duty of vigilance and the duty to warn, supplemented by a duty to advise in certain situations. These rules aim to establish a balance in the often asymmetrical relationship between a financial institution and its customer, whether an individual or a professional. In addition, there are fundamental principles such as respect for banking secrecy and the rules of banking ethics. The foundations of the banker's responsibility The banker's main obligations The banker assumes several obligations, the intensity of which varies according to the transactions, circumstances and customer profile. The duty of vigilance requires the banker to pay constant attention to the transactions he handles. They must be able to detect anomalies...