The new Federal Protection Act is set to take effect on September 1st, 2023. Modeled after the GDPR, this Swiss legislation mandates companies engaged in personal data activities that have implications in Switzerland to uphold data protection as a standard practice. The Act outlines specific actions that companies are required to take in order to comply.
Switzerland has traditionally been seen as a jurisdiction with strict privacy protections. The adaptation of its Federal Act on Data Protection (FADP) brings the country more in line with the EU's General Data Protection Regulation (GDPR) and responds to the evolving digital landscape
While the new FADP is not a carbon copy of the GDPR, it borrows heavily from its principles. This means that companies operating in both the EU and Switzerland can enjoy greater harmonization in their compliance efforts.
The new law strengthens the rights of data subjects, mirroring many rights present in the GDPR. These rights include access, rectification, erasure, and the right to data portability.
Companies will be required to notify the Swiss Federal Data Protection and Information Commissioner (FDPIC) and, in certain circumstances, the affected individuals of significant data breaches.
The revised law introduces more severe sanctions for violations, making the enforcement landscape more rigorous.
Certain organizations will be required to appoint a DPO, responsible for overseeing data protection strategies and compliance.
Like the GDPR, the new FADP also sets specific obligations for data processors, not just data controllers. This means third-party vendors and service providers will have direct legal obligations.
The impacts of the new Swiss privacy law are multifaceted, and businesses operating in Switzerland need to ensure they understand and comply with these changes. While Switzerland aims to maintain its data protection adequacy status with the EU, the changes also reflect a broader global trend towards strengthening data protection and privacy rights. iliomad Health Data supports life sciences companies in this endeavour.
