The Personal Data Notice has become an essential compliance document following the implementation of the revised Swiss Federal Act on Data Protection (FADP/DSG) in September 2023. This document is required whenever an organization processes personal data in Switzerland, whether for commercial, non-profit, or public sector activities. The notice must provide comprehensive information about data processing activities, ensuring transparency and compliance with Swiss data protection principles. It serves as a primary tool for organizations to fulfill their information obligations under Articles 19 and 20 of the FADP, while also potentially addressing requirements for international data transfers and cross-border business operations. The document should be regularly reviewed and updated to reflect changes in data processing activities or regulatory requirements.
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1. Introduction: Brief overview of the notice's purpose and the identity of the data controller
2. Scope of Application: Defines to whom the notice applies and what activities are covered
3. Types of Personal Data Collected: Comprehensive list and description of personal data categories being processed
4. Purposes of Processing: Detailed explanation of why personal data is collected and how it will be used
5. Legal Basis for Processing: Description of the legal grounds under Swiss law for processing personal data
6. Data Sharing and Recipients: Information about third parties who receive the personal data and the purpose of sharing
7. International Data Transfers: Details about any transfers of personal data outside Switzerland
8. Data Security Measures: Overview of measures taken to protect personal data
9. Data Retention Periods: Information about how long personal data is kept
10. Data Subject Rights: Explanation of individual rights under Swiss data protection law
11. Contact Information: Details of how to contact the data controller and data protection officer (if applicable)
1. Automated Decision Making: Required when automated individual decisions are made, including profiling
2. Special Categories of Data: Required when processing sensitive personal data as defined in the FADP
3. Cookie Policy: Required for online services that use cookies or similar tracking technologies
4. Children's Privacy: Required when services may be accessed by or data collected from minors
5. Employment Data Processing: Required when notice covers employee data processing
6. Marketing Communications: Required when personal data is used for direct marketing purposes
7. GDPR Compliance Statement: Required when processing activities fall under GDPR scope
1. Data Categories Matrix: Detailed breakdown of data categories, purposes, and retention periods
2. Third Party Processors List: List of data processors and their roles
3. Technical and Organizational Measures: Detailed description of security measures implemented
4. Cookie List: Detailed list of cookies used, their purposes and duration
5. International Transfer Mechanisms: Details of safeguards for international data transfers
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