FADP: achieve compliance with the Federal Act on Data Protection
The Usercentrics Consent Management Platform (CMP) helps you to build user trust, grow revenues and meet FADP compliance requirements.
What is FADP?
The FADP is the Swiss Federal Act on Data Protection, implemented September 1, 2023, with enforcement beginning immediately. The Swiss privacy law overhauls the Swiss Data Protection Act from 1992, and thus is sometimes known as the new or revised FADP. The Act provides Swiss citizens with new rights regarding personal data protection, and creates new responsibilities for organizations regarding data privacy and security.
Switzerland’s data protection law is compatible with the General Data Protection Regulation (GDPR) and other European laws, and was designed to ensure data flow with the EU and maintain economic opportunities for Swiss companies.
VALUING PRIVACY
Consent Management pays off
The FADP is extraterritorial, so applies to organizations inside or outside of Switzerland if they process the data of Swiss citizens.
The Act is meant to ensure secure, ongoing data flow for personal data in both physical or electronic formats with the EU and EEA. The Swiss law also requires adequacy agreements with other countries or data subjects’ consent for international data transfers to occur.
The FADP protects Swiss citizens’ rights to data privacy guards against infringement of that right from excessive or unauthorized access to their personal data.
ACHIEVING COMPLIANCE
Consent Management and FADP compliance
Processing of personal data is allowed without a specific legal basis in many cases. Data subjects’ consent is required for processing:
- of sensitive personal data
- used for high-risk profiling by a government body or private person
- for data transfers to third countries where without an adequacy agreement
PRIVACY INNOVATION
The new FADP
The FADP is not the GDPR in Switzerland. Some key regulatory differences:
- Fines up to CHF 250,000 against responsible individuals, or up to CHF 50,000 against a company
- Appointing a Data Protection Officer is recommended, but not mandatory
- Less notification/information required in privacy notices or policies
- Adequacy for data transfers is determined by the Swiss Federal Council, EU standard contractual clauses or other binding corporate rules can also be applied
We’re here to help
Clearly inform users and securely obtain and store FADP-compliant consent for data processing on your website or app.
YOUR QUESTIONS ANSWERED
Contact our expert team
We’re happy to answer questions and get you acquainted with Usercentrics and our Consent Management Platform.
- Doing business in Switzerland and unsure whether your website is compliant with current privacy law?
- Not sure what you need to do to achieve compliance? Get in touch and learn how the Usercentrics Consent Management Platform can help you achieve FADP compliance.
- Looking to partner with us? Get in touch here.
“In order to be GDPR-compliant it was of great importance for us to carefully collect and document the consent of our website visitors. We initially had concerns that our relatively complex tag management would make the implementation more difficult. However, they were quickly dispelled.”
“Short implementation of 7 days for our first site. We can rollout templates with already defined consent technologies, so we stay concentrated on the real issues which bring us further.”
“It’s super easy to use with an intuitive dashboard. You can customise the CMP with just a few clicks. A/B testing is easily setup. Legal texts are up to date which saved me a lot of time. ”
“We were looking for a tool that allows us to easily and conveniently implement GDPR compliance when using tracking and services on our website. Usercentrics was the ideal solution to find this as the tool covers all essential features and makes it possible for businesses to stay compliant without any hassle”
