HighlightsPrivacy espresso seriesResourcesApril 20, 2023Swiss FDPA : what to know before September 2023

A new privacyespresso episode to update you all on the upcoming Swiss Federal Data Protection Act. What is new, what are the differences with the GDPR and how should companies based in Switzerland or dealing with Swiss data move? We learn this with the PrivacyRules expert for the Swiss Jurisdiction Gabriel Avigdor from the law firm datalex | digital lawyers.

In his initial overview of the main changes applied in respect of the previous version of the Act, Gabriel underlines the different approach that companies already exposed to the GDPR can have when compared to the ones that did not have such obligations, as the first ones will be in an advantaged position to comply with it.

Additionally, Gabriel details what this Act still has in common with the EU Regulation also thanks to some additions that align the Federal Act to GDPR such as the requirement of a local representative and some other duties well known at the EU level.

In the second half of the interview, he focuses on the key differences between the EU and Swiss Law. There are key differences in the approach, such as the fact that data processing is always allowed unless explicitly prohibited (exactly opposite of the EU Law) or the fact that sanctions are not administrative law but fall under criminal law and require a criminal complaint opening the door to cases of personal criminal liability.

To conclude, Gabriel explains the key issues and advantages that a company may face in dealing with this new law.

Don’t miss this privacyespresso to learn much more about the Swiss FDPA, take you privacy coffee break with us now!