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LPD (Data Protection Act) in Switzerland

Introduction to the LPD

The Data Protection Act (LPD) is the reference legislation in the field of information security within the Swiss legal system. Aimed at ensuring the protection of personal data of citizens and organizations operating within the country, the LPD applies to all activities involving the processing of personal data that take place in Switzerland, both by public and private entities, as well as in situations where there is a significant impact on Swiss residents. This regulation has been recently updated, with the changes coming into force on September 1, 2023, in order to align with new global technological and digital needs.


Principles

The Data Protection Act is based on the following fundamental principles:

  • Transparency: Transparency:

  • Data Security: Companies and organizations must implement adequate security measures to protect personal data from unauthorized access, loss, or abuse.

  • Purpose Limitation: The data collected must be used solely for declared and legitimate purposes.

  • Data Minimization: Only the data strictly necessary for achieving the intended purpose should be collected.

  • Rights of Individuals: The LPD guarantees Swiss citizens the right to access, rectify, delete, and object to the processing of their personal data.


Why is the LPD important?

The LPD is crucial in the current context for several reasons:

  • Protection of Personal Rights:With the evolution of the digital era, the processing of personal data and its sensitivity multiply. The Federal Council has defined a clear line updated to current regulations to protect the rights and personality of the individuals concerned.

  • International Alignment: With the introduction of the GDPR (General Data Protection Regulation) in the European Union, it has become essential for Switzerland to adapt to international standards to maintain its reputation as a reliable country in trade and information exchange. Swiss companies operating abroad benefit directly from a regulatory framework that complies with global standards.

  • Protection from Risks: The LPD provides legal tools to combat the unlawful use of personal data, protecting Swiss citizens from cyber fraud, identity theft, and other types of abuse.

  • Transparency and Trust: Companies that comply with the LPD inspire trust in their customers, who know that their data is handled with the utmost respect and protection. This leads to stronger relationships between businesses and consumers, enhancing the reputation of organizations.

  • Sanctions and Responsibilities:With the introduction of the new LPD, sanctions for violations of the regulation have become more severe. Non-compliant companies may face significant fines, encouraging a greater commitment to compliance.


Who is involved in the LPD?

The law applies to all organizations, public and private, that process personal data in Switzerland. This includes:

  • Companies from all sectors, from technology to healthcare, from retail to financial services.

  • Public Entities such as municipalities, cantons, and federal institutions.

  • Non-profit Organizations operating in Switzerland or processing personal data of Swiss citizens.


What are the main innovations of the new LPD?

Under the new Data Protection Act (LPD) , companies are subject to a series of heightened responsibilities to ensure regulatory compliance. Firstly, they must ensure transparency in data processing, accurately documenting all procedures adopted for managing personal information and obtaining the necessary specific consentsfor the processing of sensitive data. Moreover, large enterprises are encouraged, and in some cases required, to appoint a Data Protection Officer (DPO), whose role is to monitor and ensure compliance with the LPD within the organization or to maintain a record of processing activities. If a company processes data that may pose risks to individuals' rights, a Data Protection Impact Assessment (DPIA)is required to identify and mitigate potential risks. Finally, the LPD guarantees citizens the right to data portability, allowing them to receive their personal data in a machine-readable format and transfer it easily between different service providers. These provisions aim to strengthen the security and protection of personal data, promoting a more conscious and responsible management of information.