On 1 September 2023, the revised Swiss Federal Act on Data Protection (FADP) will enter into force. The FADP regulates various new obligations for companies with regard to data processing and also provides for stricter sanctions in the event of breaches of obligations. To what extent the revised FADP will also affect the handling of job applicants’ and employees’ data is explained below in the form of a brief overview (without claim to completeness).
1. Which changes in data protection law have an impact on employment law?
As of 1 September 2023, a formal duty to inform will be introduced for all data processing. Companies that process personal data must adequately inform the persons concerned about the acquisition and processing of the corresponding personal data (cf. Art. 19 FADP). This duty to inform includes the disclosure of the identity and contact details of the data controller (i.e., the employer), the purpose of the processing and the recipients or categories of recipients to whom personal data are disclosed. In addition, the revised FADP stipulates which duties to inform exist for companies in the case of cross-border data transfer and acquisition of personal data that is not obtained from the persons concerned/data subject.
Furthermore, from 1 September 2023, companies are obliged to keep a register of processing activities (cf. Art. 12 FADP). This register must record all of the company’s data processing activities, whereby precise information must be provided...
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