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New Data Protection Law
New Legislation Enacted
Author: Ueli Sommer, Partner and Head of Employment – Walder Wyss, Ltd.
On September 17, 2020, the National Council deliberated on the remaining differences of the revised Data Protection Act (revDPA) and on September 25, 2020, the Federal and the National Council approved it. Under the revDPA, all genetic data shall be considered sensitive personal data. Further, express consent for profiling is necessary only when processing sensitive personal data in case of profiling by federal authorities and, for high-risk profiling by private persons. Notably, the revDPA does not provide an explicit right of objection to profiling. The revDPA will most likely enter into force on January 1, 2022.