What is the Swiss FADP?
The new Federal Act on Data Protection (FADP) is a federal law that came into force on September 1, 2023, revising the Data Protection Act of 1992. The revised FADP aims to enhance the protection of personal data in Switzerland in alignment with the European General Data Protection Regulation (GDPR) and also maintain Switzerland’s adequacy status as determined by the European Commission.
nFADP introduces stricter rules for processing personal data and applies to all processing of personal data that “has an effect” in Switzerland, even if it occurs outside the Swiss territory.
The key provisions include:
- Only the personal data of natural persons are now covered.
- Increased obligations for transparency, including detailed privacy notices to data subjects.
- Introduces the principles of privacy by design and privacy by default.
- Requirement for data protection impact assessment (DPIA).
- If decisions are taken on the basis of automated processing, the controller must inform the data subjects.