The Revised Swiss FDPA and the GDPR: key differences and their implications for compliance
Swiss Federal Data Protection Act ('Revised FDPA')
On 25 September 2020, the Swiss Federal Parliament adopted the revised Swiss Federal Data Protection Act ('Revised FDPA'). The key objective of the revision has been to implement the requirements of the revised Convention 108 of the Council of Europe, and to align the FDPA’s standard of protection with the standard of protection offered by the GDPR.
The revised law comes at a time when the European Commission’s adequacy review for Switzerland is pending. Meanwhile, the Swiss Federal Department of Justice is working on a draft of the revised Ordinance on the FDPA ('Revised FDPO') that puts certain aspects of the Revised FDPA into more concrete terms. It is expected that the Revised FDPA will enter into force concurrently with the Revised FDPO in 2022.
Revised Swiss FDPA Webinar
OneTrust DataGuidance hosted an expert panel for a webinar discussing how the Revised FDPA compares to the GDPR, and how conceptual differences or instances where the Swiss FDPA is stricter or less strict than the GDPR impact compliance.
Key takeaways included:
- A deeper understanding of the conceptual differences between the Revised FDPA and the GDPR
- An analysis of how the Revised FDPA compares to the GDPR, and where the FDPA is less strict or stricter than the GDPR
- Practical tips for implementing the Revised FDPA in Swiss companies, and in international companies with data processing operations with ties to Switzerland.
You can access the slides from this presentation here.