Data Protection Regulation: Consultation opened
In the 2020 autumn session, Parliament adopted the new Data Protection Act. In order for this to enter into force, the corresponding implementing provisions in the Ordinance to the Federal Act on Data Protection must be amended. The Federal Council has opened the consultation on this.
The completely revised Data Protection Act (DPA) will ensure better protection of personal data in future, according to the Federal Council. In particular, data protection will be adapted to technological developments, self-determination over personal data will be strengthened and transparency in the procurement of personal data will be increased. At the same time, the new provisions ensure compatibility with European law and make it possible to ratify the Council of Europe's modernised Convention 108 on data protection. These adjustments are important to ensure that the EU continues to recognise Switzerland as a third country with an adequate level of data protection and that cross-border data transfers remain possible in the future without additional requirements.
clarify provisions
Numerous provisions in the new Data Protection Act (nDSG) must be specified at ordinance level. Before the law can enter into force, the corresponding implementing provisions in the Federal Data Protection Act (FADPA) must therefore be fundamentally adapted. According to the information, the planned changes concern, for example: the provisions on the minimum requirements for data security, the modalities of the information obligations and the right to information or the reporting of breaches of data security. For private data controllers with fewer than 250 employees, the ordinance regulates the exceptions in which they are exempt from the obligation to keep a register of processing activities, according to the statement. Furthermore, the ordinance sets out the criteria for the disclosure of personal data abroad, according to which the Federal Council assesses whether it considers the data protection law of a country to be appropriate or not. According to the federal government, further amendments concern the provisions on the Federal Data Protection and Information Commissioner (FDPIC), whose position and independence will be strengthened with the new FADP. The tasks of the data protection advisors in the federal administration are also specified.
What's the driving schedule?
According to the media release, the consultation procedure will last until 14 October 2021. The ordinance should enter into force at the same time as the new DPA in the second half of 2022. The Federal Council will set the exact date in due course, it writes. At the same time as the new DPA comes into force, Switzerland will also ratify the Council of Europe's modernised Data Protection Convention 108.
Source: Confederation
Info: New Swiss data protection law - an event provides clarification
