From 25 May 2018, the new EU General Data Protection Regulation (EU GDPR) will come into force. Perhaps you are now wondering what this concerns you? Probably quite a lot!
The EU GDPR(General Data Protection Regulation) has extraterritorial effect under certain conditions. In particular, Swiss companies that offer goods or services in the EU generally fall within the scope of the EU Data Protection Regulation. This applies even if the company in question has no branch in the EU. The NZZ writes in its article of 14.7.2017: "Even a small wine shop in Switzerland that sells its products to EU citizens (market place principle), or a national website whose prices are not only stated in Swiss francs or which mentions delivery and payment conditions for foreigners, falls under this. Even a service hotline in the EU or the analysis of the surfing behaviour of EU citizens for marketing purposes (behavioural observation) is already sufficient for a Swiss company to fall under EU law in Switzerland".
Violations of the GDPR can in extreme cases be punished with draconian sanctions. Fines of up to EUR 20,000,000 or, in the case of companies, up to 4% of annual global turnover are envisaged. Under the EU GDPR, the following obligations must be complied with:
- Appointment of EU representative and internal data protection officer
- Documentation requirements
- Information requirements at the time of data collection
- Privacy by Design (data protection through technology design)
- Privacy by Default (data protection through privacy-friendly default settings)
- Data Protection Impact Assessment
- Obligation to report data protection breakdowns (within 72h)
- And some more
The change in the law described above will also have major implications for Swiss companies in the near future.
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Together with our partner Reichlin Hess AG, a renowned law firm in Zug with proven specialists in the area of data protection regulations, we offer comprehensive advice and individual instructions on a technical and legal basis. .
We are at your disposal for a first contact without obligation. We are your competent consultant in the area of data protection regulations.