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Volume: 14 Issue: 2
(February 2017)

Keywords:
eu data reform privacy by design accountability data controller data governance

Authors:
sylvain métille david raedler

Organisations:
hdc

Jurisdictions:
switzerland

Switzerland: Data Protection Act reform set in motion

In December 2016, the Federal Council launched a public consultation on the preliminary draft of a new Data Protection Act to replace the Federal Act on Data Protection 1992 (‘the DPA Draft’). According to the Federal Department of Justice and Police, the DPA Draft, once adopted, will enable the ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe (‘Convention 108’) and align Swiss law with the requirements set out in the General Data Protection Regulation (Regulation (EU) 679/2016) (‘GDPR’) in conformity with Switzerland’s commitments to the Schengen system. Sylvain Métille and David Raedler, Partner and Senior Associate respectively at HDC, discuss the changes proposed by the DPA Draft and highlight its shortcomings, which include the lack of strong enforcement powers for the Federal Data Protection and Information Commissioner (‘FDPIC’).

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