The new Swiss Data Protection Act is expected to come into force by early 2021, bring data protection legislation broadly into line with with EU legislation, GDPR. Swissfundraising is helping charities prepare with a new compliance checklist, handbook and other practical assistance.
The Swiss Federal Council’s draft revision of the Federal Act on Data Protection aims to increase people’s rights over their personal data as well as organisations’ transparency over how they use it. It was first presented in 2017, with a consultation launched at the end of 2019.
Proposed changes to the Act include the addition of a category under the definition of profiling to cover high risk for personal or fundamental rights (such as political preferences, medical data, sexual orientation), and an end to the use of implied consent in data collection.
The Information Commissioner will also have extended powers of enforcement, and fines of up to CHF 250,000 could be introduced in the event of a deliberate violation of the Act.
To help charities prepare, a Swissfundraising working group is monitoring the revision process and informing members. The group has already produced a handbook on preparing for the Act and held a briefing session for members. Its new Compliance Checklist is designed to help organisations prepare themselves for the Act’s implementation, with guidance also available on how to create a data protection declaration. These are available to Swissfundraising members at swissfundraising.org.
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