The reference point for understanding the new Federal Act on Data Protection and turning regulatory obligations into structured, measurable, and sustainable processes.
As of 1 September 2023, the revised Federal Act on Data Protection (FADP) has entered into force. The legislation:
The FADP applies to:
Companies and organizations based in Switzerland;
Foreign companies that process data of individuals residing in Switzerland in connection with their offers or services.
In practice: if you process personal data of individuals in Switzerland, it is very likely that the FADP applies to you.
Each processing activity must be:
Lawful and based on an appropriate legal ground;
Transparent: individuals must know who processes their data, for what purposes, and with which rights;
Purpose-limited and proportionate: no excessive collection, no unnecessary data.
Data protection must be integrated:
Into the design of processes, services, and systems (Privacy by Design);
Into default settings (Privacy by Default: by default, the system must be “privacy-friendly”).
Organizations must:
Maintain an up-to-date record of processing activities;
Map roles, purposes, data categories, legal grounds, recipients, transfers, and security measures.
Without a structured record, demonstrating accountability is nearly impossible.
For processing activities that present a high risk to the rights and freedoms of individuals, a:
Data Protection Impact Assessment (DPIA);
Analysis of risks and measures to reduce them to an acceptable level is required.
The FADP encourages companies to demonstrate how they assess and mitigate risks, not just that they “consider” them.
Organizations must:
Assess and, if necessary, notify personal data breaches;
Handle requests for access, rectification, objection, erasure, and portability within the prescribed deadlines;
Document requests and breaches in dedicated records.
In the event of intentional breaches of key obligations (information, transparency, cooperation, diligence), the following may be imposed:
Criminal sanctions of up to CHF 250,000 on the responsible individuals;
Corrective and prohibitive measures by the Supervisory Authority.
Beyond sanctions, the most underestimated risks are reputational and operational continuity risks.
01. Do you have an up-to-date record of processing activities approved by management?
02. Can you clearly list all the legal grounds used for your main processing activities?
03. Have you identified high-risk processing activities and, where necessary, conducted a documented DPIA?
04. Do you know how a data breach is currently managed (who does what, within what timeframe, and what is documented)?
05. Are access, erasure, and rectification requests managed through a traceable process with monitored deadlines?
6. Can you demonstrate that employees and key personnel have received adequate and up-to-date privacy training?
07. Can you demonstrate that you have a clear overview of data transfers abroad (including via cloud providers, SaaS tools, etc.)?
If the answer to one or more questions is not quite or it depends, Privacy Swiss® is precisely designed to fill these gaps.
Privacy Swiss® links each FADP obligation to concrete modules within the platform.
Record of Processing Activities and Transparency
Risk based approach & DPIA
Governance & Roles
Data Subject Rights
Data Breaches
Data Transfers
Compliance and Internal Culture
so that your DPO, legal and IT teams always know where they stand.
A complete and intuitive platform that allows you to manage every aspect of data protection in a centralized, compliant, and fully secure manner.
Optimize processes, reduce risks, and save time: thanks to an automated and always audit-ready system, Privacy Swiss transforms privacy management into an efficient, transparent, and auditable process.
Securing Core Processing Activities (Marketing, HR, Clients, Suppliers);
Structuring the Record, Roles, and Documentation.
Managing Multiple Clients Within a Single Platform;
Standardizing DPIAs, Risk Assessments, Audits, and Reports.
Mapping Complex Structures, Distributed Roles, and Critical Processes;
Responding Promptly to Requests, Reviews, and Inspections.