Data protection law: additional provisions in force

From September 2023, the revised data protection law (nDSG). One innovation concerns the procedure for appointing the head of the FDPIC (the Commissioner). According to the law in force today, the Federal Council elects the Commissioner. Subsequently, parliament must approve the election. In the future, parliament will be the sole electing body, according to the Federal Department of Justice and Police (FDJP). This is intended to strengthen the independence and democratic legitimacy of the commissioner.

Data protection law becomes legally binding

According to the FDJP, the paradigm shift has procedural and personnel law implications, which is why the nDSG had to be clarified in some points. For example, provisions on occupational benefits and disciplinary measures have been added. Likewise, the provision on the secondary employment of the commissioner(s) had been adapted. Parliament adopted these provisions on June 17, 2022. The Federal Council is now bringing the amendments into force on September 1, 2023. The ordinance of the Federal Assembly on the employment relationship of the commissioner will also come into force on the same date. This ensures that the entire new data protection law becomes legally binding in September 2023.

The new Data Protection Act adapts data protection to technological developments and strengthens self-determination over personal data. In addition, the new Data Protection Act takes into account the Council of Europe's revised data protection convention. These adjustments are important to ensure that the EU continues to recognize Switzerland as a third country with an adequate level of data protection - and that data can continue to be transferred across borders without additional requirements, as the report concludes.

Source: Confederation