Prawo Nowych Technologii
nr 1/2021
Switzerland: Revision of the Federal Act on Data Protection (FADP)
Exec. MBA HSG, CIPP/E, Managing Partner at HÄRTING Attorneys-at-Law Ltd., Zug/Switzerland.
Abstrakt
The revised Swiss Federal Act on Data Protection of 19 June 1992 has been finished and the execution ordinance has been released for public comments until 14 October 2021. Nonetheless, the revised FADP will not enter into force before June 2022. This is time that can be used by data controllers to prepare for the revised law.
Abstract
Switzerland: Revision of the Federal Act on Data Protection (FADP)Swiss data protection law is in the midst of change. The Federal Parliament passed the revised Swiss Federal Act on Data Protection of 19 June 1992 (FADP) on 25 September 2020 and the execution ordinance has been released for public comments until 14 October 2021. The new legislation is a fine example of Swiss pragmatism, in that the Swiss particularities have been reserved, yet still should comply with the main concepts of the GDPR. Some regulations differ significantly from the GDPR. For example, there is no actual transition period for the entry into force of the new law, the principle of prohibition with reservation of permission was not adopted and the principle of effect for defining the territorial scope is statued more broadly. However, much is taken over from the GDPR, such as the processing principles and the terms of privacy by design and by default. But also the possibility to consult with a data protection advisor, the obligation to fill in a data protection impact assessment and to designate a representative in Switzerland, if a private company resides abroad, were inspired by the GDPR. A striking adaptation here is certainly the massive increase in the maximum amount for fines, whereby fines of up to 250’000 Swiss francs can now be incurred.Keywords: data protection, data compliance, law revision, Switzerland, Federal Act on Data Protection, Swiss data protection law, FADP
