The case

General Data Protection Regulation (GDPR) – Please note.

The GDPR, which applies as of today, is a major revision of the previous EU data protection rules. The rights of European consumers are strengthened and intransparent collection of personal data is prevented. Swiss companies can also be affected: either when they collect data from people in the EU or when they sell goods or services to them or offer them for free.

For Swiss citizens Swiss data protection law will continue to apply and will now have to be adapted to EU rules.

Swiss companies that sell offers to EU citizens who monitor their Internet activity or send free newsletters to them should review their privacy policy, and they will need to check if they have to designate a DP Agent in the EU.

Persons who are affected by data breaches can contact the EU supervisory authority. Companies that find out about data breaches are obliged to report them within 72 hours. The GDPR provides for high fines, which can amount to up to 20 million Euros or 4 percent of the global sales – and one should not forget about the reputational damage caused – as has been shown by the current case of Facebook.

The commentary

Data are collected and processed not only by internet giants like Facebook or Google, but also by Swiss companies. Each time you access a website on the internet your activities are registered: Your “footprint“ shows which articles you read, how long you stay on a site and what information you click on. Whereas these data are anonymous and your activities can’t be traced back, every single of your moves can be traced on Facebook where everything is linked to your personal profile. All these date are collected because providers want to know what products users like or dislike. They claim that this helps them to cater for the needs of the users.

Your personal data (i.e. name, email address, etc.) are also registered each time you subscribe to a newsletter. In contrast to the information collected via websites, which is anonymous, highly personal and sensitive information is collected in this case and absolute confidentiality must apply.

If you have any questions you are welcome to contact me.

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