FADP (Federal Act on Data Protection)/ 1. Sep 2023
New Data Protection Act – the most important facts in a nutshell for easy implementation The new Data Protection Act (DPA) and the associated Data Protection Ordinance (DPO) will come into force on 1. September 2023. They regulate data processing (any work on personal data, from collection to deletion).
A company absolutely needs:
– (Only) employees who work with data of natural persons must be obliged to comply with data protection with a data protection policy.
FADP (Federal Act on Data Protection) /14. Jan 2021
Our website [pbguide.jp] will be processing data via web server located in Japan. We mention to all user for this website according to Art. 17a1Automated data processing in pilot projects, that data will be processing out of EU and EEA area.
Art. 17a1Automated data processing in pilot projects
1 The Federal Council may, having consulted the Commissioner and before a formal enactment comes into force, approve the automated processing of sensitive personal data or personality profiles if:
the tasks that require such processing required are regulated in a formal enactment;
adequate measures are taken to prevent breaches of privacy;
a test phase before the formal enactment comes into force is indispensable for the practical implementation of data processing.
2 A test phase may be mandatory for the practical implementation of data processing if:
the fulfilment of a task requires technical innovations, the effects of which must first be evaluated;
the fulfilment of a task requires significant organisational or technical measures, the effectiveness of which must first be tested, in particular in the case of cooperation between federal and the cantonal bodies; or
processing requires that sensitive personal data or personality profiles be transmitted online to cantonal authorities.
3 The Federal Council shall regulate the modalities of automated data processing in an ordinance.
4 The competent federal body shall provide the Federal Council with an evaluation report at the latest within two years of the pilot system coming into operation. The report contains a proposal on whether the processing should be continued or terminated.
5 Automated data processing must be terminated in every case if within five years of the pilot systems coming into operation no formal enactment has come in force that contains the required legal basis.
1 Inserted by No I of the FA of 24 March 2006 (AS 2006 4873; BBl 2003 2101, 2006 3547). Amended by No I of the FA of 24 March 2006, in force since 15 Dec. 2006 (AS 2007 4983; BBl 2003 2101).
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