The Swiss Federal Act on Data Protection (FADP) is no longer up to date due to rapid technological developments according to the Swiss Federal Office of Justice (FOJ). Therefore, the FADP shall be adapted to the changed technological and social conditions with a total revision. In particular, the transparency of data processing shall be improved, and the self-determination of the persons concerned over their data shall be strengthened.

At the same time, the total revision should allow Switzerland to ratify the Council of Europe’s revised data protection convention ETS 108 and to implement the Schengen-relevant Directive (EU) 2016/680 on data protection in criminal matters. In addition, the revision is intended to bring Swiss data protection legislation as a whole closer to the requirements of Regulation (EU) 2016/679. This approximation and the ratification of the revised ETS 108 Convention are central to ensuring that the EU continues to recognise Switzerland as a third country with an adequate level of data protection and that cross-border data transfers remain possible without further hurdles in the future.

The Swiss Parliament divided the Federal Council’s bill into two stages. In the first stage, only the Schengen-relevant Directive (EU) 2016/680 on data protection in criminal matters was implemented. In the second stage, the total revision of the FADP was discussed. This revision also considers Regulation (EU) 2016/679 and the revised data protection convention ETS 108 of the Council of Europe. In addition, some of the adjustments made in the first stage will be repealed and integrated into the total revision of the FADP.

The FOJ has declared that the amended FADP shall probably enter into force on 1 September 2023 (and not already in the year 2022).