New Data Protection Act DSG

The new Data Protection Act (FADP), the new Data Protection Ordinance (DPO) and the new Ordinance on Data Protection Certification (DPCO) came into force on 1 September 2023. The totally revised legislation adapts data protection law to the changes in technological and social conditions. In particular, the transparency of data processing is improved and data subjects' right to decide independently and freely what happens to their personal data is strengthened.

At the same time, the total revision has allowed Switzerland to ratify the Council of Europe's modernised Data Protection Convention, CETS 108+. In addition, the revision is intended to bring Swiss data protection legislation as a whole closer to the requirements of the EU General Data Protection Regulation (Regulation (EU) 2016/679; GDPR). This harmonisation and the ratification of the modernised CETS 108+ Convention are central to ensuring 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 without additional hurdles.

Parliament has divided the Federal Council's bill into two stages. In the first stage, only the Schengen-relevant Directive (EU) 2016/680 on data protection in criminal matters was implemented through the Schengen Data Protection Act. In the second stage, the total revision of the FADP was discussed. With the new FADP coming into force, the Schengen DPA from the first stage was repealed and its provisions integrated into the totally revised FADP.

• 1992 – First Data Protection Act (FADP)
• 2017 – Dispatch on the total revision of the FADP
• 2018 – Approval of the Schengen DPA (first stage)
• 2020 – Approval of the new FADP (second stage)
• 2022 – Approval of the new ordinances (DPO and DPCO)
• 2023 – New FADP and ordinances come into force
• 2023 – Ratification of the modernised Council of Europe Data Protection Convention CETS 108+

Data protection (admin.ch), New data protection law (admin.ch)