Placebo Compliance in the Finance Industry

In a previous contribution we touched on the risk-based approach. However, it is not only risk that has to be evaluated correctly but also processes. Social research has investigated how errors are introduced into such evaluations.

Social norms and pressure to conform may contribute to erroneous assessments. The processes should be examined to determine whether they effectively reduce risk, or whether the compliance officer simply experiences a placebo effect – a subjective positive change of opinion – due to the psychosocial context.
Based on a survey, Friedrichs (1990) talks of a threefold selection process: first, the sample selection, where unwanted objects are excluded from the sample; second, the perceptive selection, where only the wanted aspects are perceived; and third, the remembrance selection, where only wanted parts are remembered.

As Diekman (2007) said: “The wish is not only father of a thought, it also guides attention and filters observation.”

Empirische Sozialforschung: Grundlagen, Methoden, Anwendungen Taschenbuch – 1. August 2007
von Andreas Diekmann

Methoden empirischer Sozialforschung
Jürgen Friedrichs, 1938-
Opladen : Westdeutscher Verlag 1990

Data Protection Act

The Swiss Data Protection Act underwent a complete revision in 2020, and its new version took effect on September 1, 2023, along with the new Data Protection Ordinance (DPO). The revision itself is complete, but its practical application continues to evolve. The topic of AI is particularly relevant: On May 8, 2025, the FDPIC confirmed that the DPA is technology-neutral and applies directly to all AI applications. In practice, this means, among other things, that users must know whether they are interacting with AI (transparency requirement, Art. 19), and that a data protection impact assessment is mandatory in cases of high risk—such as profiling or facial recognition (Art. 22). The Federal Office of Justice (FOJ) is drafting a consultation document on AI regulation to be completed by the end of 2026. With this, Switzerland will implement the Council of Europe's AI Convention.

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