The new data protection law – main changes at a glance

11/04/2017

Overview of the main differences between the General Data Protection Regulation (GDPR), the Swiss Federal Act on Data Protection (FADP) and the pre-draft of the new Swiss Federal Act on Data Protection in direct comparison

After years without any substantial changes, the data protection law, against the backdrop of technological and social changes, now faces a radical transformation –both within the EU and in Switzerland.

This new law enhances the transparency of data processing and expands the rights of the persons concerned. Additionally, infringements will be sanctioned by substantial penalties. Not only does the EU General Data Protection Regulation apply to EU-based companies; it also directly affects foreign companies whose offer is aimed at a certain national market in the EU, or whose data processing serves to observe the behavior of persons in the EU.

Switzerland will align with the EU General Data Protection Regulation, with the objective of, inter alia, again receiving an adequacy decision from the European Commission, paving the way for trans-border data flows with the EU.

This publication provides a first overview of the key changes of the new data protection law – through a direct comparison between the new EU General Data Protection Regulation, the currently applicable Swiss Federal Act on Data Protection, and the preliminary draft for the new Swiss Federal Act on Data Protection.

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The new data protection law
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Authors

Picture of Caroline Gaul
Caroline Gaul, LL.M.
Associate
Zurich