A custodial sentence not exceeding three years or a monetary penalty shall be imposed on any person who wilfully:
discloses a secret entrusted to them in their capacity as a director or officer, employee, agent or liquidator of a financial market infrastructure or of which they have become aware in said capacity;
attempts to induce a violation of professional secrecy;
discloses to other persons a secret disclosed to them in violation of letter a or exploits such a secret for their own benefit or for the benefit of others.
A custodial sentence not exceeding five years or a monetary penalty shall be imposed on any person who obtains a pecuniary advantage for themselves or another person through an action as detailed in paragraph 1 letter a or c.
A fine not exceeding 250,000 francs shall be imposed on any person who commits the foregoing acts through negligence.70
Any person who violates professional secrecy remains liable to prosecution after termination of the official or employment relationship or exercise of the profession.
The federal and cantonal provisions relating to the duty to testify and the duty to provide information to the authorities are reserved.