Our news on intellectual property

On-going consultation on the review of the Ordinance to the Federal Act on Data Protection

On 23 June, the Federal Council opened the consultation procedure on the revised Ordinance to the Federal Act on Data Protection (DPO). The consultation will end on 14 October 2021. The revised Federal Act on Data Protection (FADP), which has been passed by the Parliament in September 2020, requires adjustments to come into force. The changes concern the minimum requirements for data security, the modalities of the duty to inform, the right of access to data and the notification of data security breaches. Exceptions to the obligation to keep a register of data processing activities are provided for companies with less than 250 employees. In addition, the revised DPO specifies the criteria for the transfer of personal data abroad i.e. the Federal Council must determine whether a country guarantees an adequate level of protection or not. Further changes are made to the provisions on the Federal Data Protection and Information Commissioner, whose role and independence are strengthened in the revised FADP. Finally, the tasks of data protection advisors within the Federal Administration are clarified. The revised DPO should come into force in the second half of 2022, at the same time as the revised FADP. And by then… precious time should not be lost to ensure compliance!

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