Attention: The new Swiss Data Protection Act nDSG will apply from September 1, 2023

This Friday, the new Data Protection Act (nDPA) comes into force in Switzerland, which aims to strengthen the protection of personal data in the digital age. As a groundbreaking adaptation to the European General Data Protection Regulation (GDPR), it extends its reach to foreign companies that provide services in Switzerland and process personal data. In this context, the Federal Data Protection and Information Commissioner (FDPIC) will act as an independent supervisory authority.

The 6 most important changes in the new Swiss Data Protection Act are:

1. Expanded scope of application: The new DPA now applies to companies abroad that offer services in Switzerland and process personal data in the process.

2. Higher fines: Fines of up to CHF 10 million or 2% of annual global turnover can be imposed for violations of the law.

3. Stricter information obligations: Companies must provide data subjects with more detailed information about the processing of their data, including the legal basis and storage period.

4. Right to data portability: Data subjects have the right to receive their personal data in a structured, commonly used and machine-readable format and to transmit it to another controller.

5. Strengthening the rights of data subjects: The rights of data subjects have been extended, including the right to erasure ("right to be forgotten") and the right to restriction of processing.

6. Risk-based approach: Companies must carry out risk assessments and take appropriate technical and organizational measures to ensure the security of data processing.

The new Swiss Data Protection Act thus entails a comprehensive modernization and adaptation to current data protection standards in order to strengthen the protection of personal data and the rights of data subjects. The specialists at Glenfis will be happy to assist you with the smooth implementation of and compliance with the new data protection law in Switzerland. Our expertise and experience in data protection issues will enable us to guide you and your team in adapting your business processes and data protection practices to ensure that you meet the required standards for the protection of personal data.