According to Article 3 of the Anti-Money Laundering Act (AMLA), the identification of a bank customer aims at determining their true identity. In contrast to identification, authentication is not limited to natural or legal persons.

Authentication refers to the process of checking a claim made by a person towards a legal entity or a system, e.g. a computer program. A login is a widely-known method of authentication: a user claims to be registered under a particular username. In the most straightforward scenario, the check is based on the assumption that only the real user knows a specific secret; for example, a password. This simple procedure is sometimes supplemented by objects (smartcards, SIM cards, etc.) and/or biometric data (fingerprints, facial or voice recognition, etc.).

Biometric characteristics are likely to play a significant role in identifying customers and partners in future. Using FaceNet, Google was able to identify 750,000 out of a million faces – 75%.

 Apple has now changed the rules of the game and claims to have achieved a false acceptance rate of 1:1,000,000 with its new Face ID on the iPhone X. The new rules focus on 3D and hardware.

Rather than recognizing objects in two-dimensional images, special hardware captures and compares three-dimensional facial contours using adaptive pattern recognition (pattern matching). The possibility of capturing and securely storing facial contours and other biometric characteristics using a personal device also raises interesting questions with regard to data security.

In information security, authorization refers to which access rights an authenticated user has to particular objects; for example, the ability to read and change certain files.

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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