Revised Swiss Data Privacy Act

With the revision of the General Data Protection Regulation (GDPR) on 25 May 2018, the level of data protection in the EU was significantly increased. In order to ensure equal data security in Switzerland, the Data Protection Act (DSG) and the Data Protection Ordinance (DSV) were revised as of 1 September 2023. The innovations in EU legislation served as an impetus, without adopting them in their entirety.

The revision is accompanied by some changes to previous regulations. Among other things, only the data of private persons are affected, a register of processing activities becomes obligatory, and the obligation to provide information is expanded. The implementation of the principles of “privacy by design” and “privacy by default” should also be emphasised. As the name suggests (“data protection by design” and “data protection by default”), the developer should ensure data security on its own initiative on the one hand, and build data security into the structure of the products or services on the other. This is to ensure that those subject to this act cannot exempt themselves from their obligations with paper work alone alone. Nevertheless, the data protection declaration (privacy policy) still has an important position because it is intended to inform consumers about the nature of the data processing by the company, the data collected and their rights with regard to data protection.

It is important to note that the revised DSG finally came into force on 1 September 2023. There is no transition period. This means that a violation of the new provisions is already sanctioned now. In addition to claims under civil law, the responsible persons can also be prosecuted under criminal law and fined up to CHF 250,000. In contrast to the GDPR, it is primarily not the companies themselves that are held responsible, but the acting responsible persons. For this reason, it is advisable to implement the new provisions as soon as possible.

If you need a review of your privacy policy or would like help with the changeover, we will be happy to assist you with our experience already gained with the revised DSG.