Your contacts
Lukas Bühlmann
Michael Reinle
The Federal Office of Justice recently published that the revised Federal Act on Data Protection will enter into force on 1 September 2023. The date of entry into force remains to be confirmed by the Federal Council in a formal decision. Although the published date gives data processing businesses a little more time for implementation, they are well-advised to start implementation work now, in particular, because the revised Federal Act on Data Protection does not provide for any transitional periods.
Entry into force of revised Federal Act on Data Protection on 1 September 2023
At the end of September 2020, the Swiss parliament passed the revised Federal Act on Data Protection (revFADP), which, according to the Federal Office of Justice, will now enter into force on 1 September 2023. The date has yet to be confirmed by the Federal Council in a formal decision, but it is expected that the Federal Council will issue a corresponding formal decision soon. To a certain extent, the revFADP leads to an alignment with the EU General Data Protection Regulation (GDPR). However, the revFADP retains its structure and deviates from the GDPR in several points. The main changes, as well as further information on the revFADP, can be found here:
- New Swiss data protection law: an overview of the most important revisions of the Swiss Federal Act on Data Protection
- FADP-Revision: FAQ Part 1 (in German)
- FADP-Revision: FAQ Part 2 (in German)
- FADP Revision: Comparison to current law and the GDPR (table) (in German)
- Opinion of the FDPIC on the revised Federal Act on Data Protection (in German)
- FADP-Revision: Federal Council publishes implementing regulations in the draft OFADP (in German)
Although the ordinance to the revFADP is still pending, it is time to act
The ordinance on the revFADP was heavily criticised during the consultation process. For this reason, the ordinance to the revFADP is currently still under revision to prepare it for publication before the date of entry into force of the revFADP. Affected businesses should keep a close eye on these developments. As the revFADP does not provide a grace period for implementing the new obligations, it is now up to all data processing businesses to make use of the remaining time to become compliant with the new law.
Additional Information:
- MLL-News Subject Page: Revision FADP (in German)
- Website of the Federal Office of Justice – Strengthening data protection (in German)
- Federal Act on Data Protection
- EU General Data Protection Regulation GDPR
- MLL News 21.21.2021: «New Swiss data protection law: an overview of the most important revisions of the Swiss Federal Act on Data Protection»
- MLL News 10.08.2021: «Federal Council publishes implementing regulations in the draft OFADP» (in German)
- MLL News 14.06.2021: «Opinion of the FDPIC on the revised Federal Act on Data Protection» (in German)
- Comparison of revFADP to current law and the GDPR (table) (in German)
- MLL-News 15.06.2020: «DSG-Revision: FAQ Part 1» (in German)
- MLL-News 04.08.2020: «DSG-Revision: FAQ Part 2» (in German)
