The revised Federal Act on Data Protection will entry in force on the 1st September 2023, accompanied by the revised Ordinance on Data Protection (OPDo).
The Federal Council has adapted the draft of the OPDo on various points to take into account the opinions expressed during the consultation on the implementing provisions. The chapter on the data controller’s obligations has been thoroughly revised: private data controllers are relieved of certain obligations related to the duty to inform when personal data is communicated. The procedures for the right of access are simplified by removal of the obligation to document the reasons for refusing, limiting or postponing the disclosure. Due to critical reactions concerning data security, the Federal Council has also adapted its initial draft in this area. It has set the retention period for data processing logs at a minimum of one year and added a new provision that aims to harmonize the data security protection objectives with those of the new Federal Act of 18 December 2020 on Information Security.
Follow this link to access the Federal Council communication.