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nFADP (New Federal Act on Data Protection, Switzerland)

  • The nFADP is a Swiss law governing the protection of personal data. It aims to protect the fundamental rights of individuals, in particular their right to privacy, by regulating the collection, processing and use of personal data.
  • The nFADP establishes key data protection principles, such as the lawfulness, fairness and transparency of data processing, as well as purpose limitation, data minimization, accuracy, retention limitation, data integrity and confidentiality.
  • It also requires organizations to take appropriate technical and organizational measures to protect personal data against loss, theft, unauthorized access and any other form of unlawful processing.
  • Violations of the nFADP may result in administrative and criminal sanctions, including fines and prosecution. Learn more...

GDPR (General Data Protection Regulation)

  • The GDPR is a European Union (EU) regulation that came into force in May 2018. It replaces the 1995 Data Protection Directive and aims to modernize and strengthen data protection rules for the digital age.
  • The GDPR applies to all organizations, whether located in the EU or not, that process the personal data of EU individuals. It establishes enhanced rights for individuals, such as the right to information, the right to access, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to object.
  • The GDPR imposes stricter obligations on organizations in terms of transparency, consent, data breach notification, data security and liability.
  • Penalties for non-compliance with the GDPR can be very heavy, up to 20 million EUR or 4% of the company's worldwide annual sales, whichever is higher. Learn more...

Frequently asked questions

What are the key elements examined during a data protection audit?

During a data protection audit, the main aspects assessed include organizational, regulatory and IT security aspects.

On the organizational side, the audit examines how data is managed within the company, including privacy policies, data collection and storage practices, staff training on data protection and third-party risk management.

From a regulatory perspective, the audit aims to verify the company's compliance with data protection laws and regulations, such as the GDPR in Europe or the nFADP in Switzerland.

Finally, from an IT security point of view, the audit assesses the technical measures in place to protect data including access controls, data encryption, network security, endpoint security, data lifecycle management, and more.

By combining these different aspects, the audit identifies potential risks to data security and recommends corrective measures to reinforce the protection of personal data.

My company has fewer than 10 employees. Do I still need to protect my data?

Yes, data protection is not linked to the number of employees you have. As soon as you process personal data, you need to take appropriate measures.

Personal data is any information that identifies or renders identifiable an individual. For example, you may be the only person in your company selling goods online, but you process your customers' personal data to enable online transactions.

You are therefore under an obligation to protect the personal data you process.

I store most of my data on paper. Do I still need to protect my data?

Yes, even if you store the majority of your data on paper, it's still crucial to protect this information. Data stored on paper can be vulnerable to risks such as theft, loss or unauthorized access. What's more, under data protection regulations such as the GDPR, companies are required to protect all personal data, whether stored electronically or on paper.

This includes implementing physical security measures such as locking file cabinets, restricting access to storage areas and securely destroying obsolete documents. Ultimately, data protection, whether stored on paper or electronically, is essential to guarantee the confidentiality, integrity and availability of your company's sensitive information.

Does the GDPR, which is a European regulation, apply to my Swiss company?

Yes, although the GDPR is a European Union regulation, it may also apply to your Swiss business in certain circumstances. The GDPR applies to companies established outside the European Union if they offer goods or services to EU residents, collect their data or monitor their behavior. This means that if your Swiss company processes personal data of people located in the EU, it could be subject to the GDPR.

In addition, Switzerland has its own data protection legislation in place, the Swiss Federal Act on Data Protection Act (nFADP), which is similar to the GDPR in terms of personal data protection. However, the GDPR is said to offer a higher level of protection, and many Swiss companies are choosing to also comply with the GDPR to ensure optimal data protection and avoid compliance conflicts when collecting or processing personal data in the EU.

In summary, although the GDPR is a European regulation, it may have implications for Swiss companies, particularly if they process personal data of people from the EU.

What do I do with the data I receive involuntarily, such as voluntary applications?

When you receive personal data involuntarily, such as unsolicited applications, you need to have an action plan in place to protect this data too.

By following these steps, you'll be able to handle unintentionally received personal data in a secure and compliant manner.

I have a doctor's practice with no employees. Do I have to comply with data protection regulations?

Yes, as a healthcare professional, you must comply with data protection regulations, even if you're the only employee in your practice. The confidentiality of medical information is a major concern for patients and regulators alike, and you have a duty to protect your patients' medical data from unauthorized access or misuse.

Health data is sensitive personal data, a category of personal data that requires special attention on your part.

So, even if you are the sole employee of your practice, data protection remains an important responsibility to ensure the confidentiality and security of your patients' medical information.

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