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How to Prepare for the FADP

The revised Swiss Federal Act on Data Protection (FADP) is scheduled to enter into force on 1 January 2023It is important that you get ready for the changes. 

As a result, you should begin the new data protection regulation’s implementation procedure as soon as possible. Keeping an overview may be challenging and takes careful consideration. You can achieve compliance with the revised FADP with the help of iubenda.

Here’s a quick overview of the revised FADP and what you’ll need to keep in mind:

The revised FADP is exclusively meant to safeguard the privacy of natural persons (your users) whose personal data is being processed. The data of corporations, associations, and foundations are no longer included in the revised FADP.

The definition of sensitive personal data extends to include genetic and biometric data as long as it cannot be used to identify your user.

Transfers of personal data from Switzerland to nations with insufficient data protection are prohibited under the revised Swiss FADP.

The Federal Data Protection and Information Commissioner’s investigation (FDPIC) authority is increased by the revised Swiss FADP.

The FDPIC can now rule that businesses report data security breaches, but this follows a decision by the Authority, so it is likely that it will be on a case-by-case basis.

Non-compliance is punishable by fines of up to CHF 250,000 under the revised Swiss FADP. Additionally, it makes it possible for individuals, such as controllers and processors, who are accountable for a potential breach, to face criminal penalties as well as businesses.

How to prepare for the upcoming FADP

  1. Although it is only optional, you can designate a Data Protection Advisor and assign specific duties, skills, and responsibilities to them. The Data Protection Advisor may, but it doesn’t have to be an employee of your business.
  2. Provide training for employees.
  3. Start updating your privacy policies.

🗣 iubenda will continue to keep you updated about the changes made to the FADP; in the meantime, if you haven’t done so already, make sure you have an updated and compliant privacy and cookie policy in place.

Updating my Privacy and Cookie Policy

Your website should have a Privacy and Cookie Policy with clear information outlining the methods and purposes of your data processing to your users. 

You can access your iubenda dashboard to make changes to your privacy policy at any time at no extra charge. Make sure your privacy policies are up-to-date by adding any new third-party services to your policy. 

💡 We’ve added a Site Scanner within the services window of the generator, allowing you to quickly inspect your site in real-time and identify which services you need to add to your policy.

I don’t have a privacy policy; how do I get one?

Not to worry, with iubenda, the process is pretty straightforward. Simply:

  1. Customize your privacy policy
  2. Add the privacy policy to your site
  3. Update and refine your policy when needed

iubenda generates privacy policies that work within the best practices of various jurisdictions. With hundreds of available clauses, our privacy policies contain all the elements commonly required across many regions and services while applying the strictest standards by default – giving you the option to customize as needed fully. 

Create a privacy policy today!

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