What are the main nLPD requirements?
The nFADP introduces the following eight main changes for businesses.
- Only the data of natural persons will be covered from now on, and no longer that of legal entities.
- Genetic and biometric data go into the definition of sensitive data
- The principles of “Privacy by Design” and “Privacy by Default” are introduced. As the name suggests, the principle of “Privacy by Design” implies that developers integrate the protection and respect of users’ privacy into the very structure of the product or service called to collect personal data. The principle of “Privacy by Default”, on the other hand, ensures the highest level of security from the release of the product or service, by automatically activating, i.e. without user intervention, all the measures necessary to protect data and limit its use. In other words, all software, material, and services must be configured in a way that protects data and respects users’ privacy
- Impact assessments must be carried out in the event of a high risk to the privacy or fundamental rights of the persons concerned.
- The right to information is extended: the collection of all personal data – and no longer only of so-called sensitive data – must lead to the prior information of the data subject
- It becomes mandatory to keep a register of processing activities.
- An early notification in the event of a data security breach is required, which must be forwarded to the Federal Data Protection and Information Commissioner (IDT).
- The notion of profiling (i.e. the automated processing of personal data) becomes part of the law.
What are the consequences of an nLPD breach?
Violations of the nLPD can have devastating consequences for businesses and should not be underestimated.
It is believed that policies or simple banners on websites related to data protection may meet legal requirements.
Unfortunately, that’s not enough. We offer companies a complete package of services with our partner Swiss Business Group Solution, so companies do not have to worry about any non-conformity / violation that may be discovered during an investigation by the competent authorities.
With our LPD Compliance Statement, we guarantee that you can keep the company’s complaint at all times.
