- 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.