Revision of the Federal Act on Data Protection

Fact of the Month
September 12, 2022

On September 1, 2023 the revision of the Federal Act on Data Protection (FADP) will enter into force. The package encompasses the total revision of the current FADP and data protection ordinance as well as a new ordinance on the certification in the field of data protection.

The revision intends to strengthen the self-determination rights of individuals and to level the Swiss legislation to the European standards of the EU and the European council for data protection. Matching the European standards should safeguard the recognition through the EU and therefore minimize the barriers to the cross-border transfer of data. Lastly, the fast technological advancements in the private sector bring a constant need for adaptation.

To reach the above-mentioned goals, the data protection law revision includes, among others, the following novelties:

-       More transparency

-       More competencies for the Federal Data Protection Commissioner

-       Higher fines and stronger penalties

-       Regulation and protective measures across the lifecycle of data

-       Data restitution rights

-       Increased data security

Self-regulation within the different industries will also be encouraged by the legislator to foster good practices. Companies will also have the possibility to submit specific codes of conduct to the Federal Data Protection Commissioner for review.

Stand by as we will soon publish a complete article detailing the changes brought by the new data protection legislation. Our team is meanwhile at your disposal should you have any enquiry on the topic.

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