Abstract
The authors analyze in this paper the institute of the banking secrecy as from the aspect of the private law as well from the aspect of the public law. Banking secrecy represents an important institute of the banking law which is based on a high level of confidence between the bank and the client. However, public interests also imply an increasing need to circumvent this duty of banks toward clients. Therefore, in the paper was analyzed the content of the banking secrecy, then it was made its comparison and possible subduction under the institute of the business secrecy and were defined the limits of its protection. It is noted that banking secrecy still has civil law, misdemeanor law and criminal law protection, but in the more limited extent, due to exceptions whose existence requires an obligation to combat against financial terrorism, money laundering, tax fraud and other forms of financial crime. In addition, sometimes the justified interests of the banks themselves and of other private law entities impose the need for disclosure of classified informations
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