Die Strafbestimmungen des neuen DSG

As soon as the revised Swiss Federal Act on Data Protection (DPA) will come into force, the cantonal prosecuting authorities will be entitled to impose heavy fines of up to CHF 250 000 on the person responsible for non-compliant behavior. While this may seem to be a low figure compared to the high figures provided for by the GDPR, the fines under the revised DPA are of personal nature and may not be covered by the company. This will make the DPA fines very effective. Unlike under the GDPR, however, these sanctions only apply in a relatively small number of cases. The violation of the basic principles of the DPA are not sanctioned, for example. The fines cover in essence the violation of obligations with regard to the data protection notice obligation, the right of access, data security, controller-processor relationships and data exports. But only intentional violations can be prosecuted. Most of the new data protection governance obligations, such as data breach notices or data…