Privacy and Data Protection Officer (DPO)

DPO in Switzerland: role and regulations

In Switzerland, data protection is regulated by the LPD , aligned with the GDPR , and by the LPDP for the public sector, guaranteeing privacy for companies and administrations.

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The role of the Data Protection Officer (DPO) in Switzerland

The DPO (data protection manager) is a figure introduced by the GDPR and increasingly important also with the LPD. He deals with compliance with privacy regulations, protect personal data and manage privacy risks.

Duties of the DPO

- Monitor compliance with LPD, GDPR and LPDP regulations within the company.
- Train and sensitize staff on privacy themes.
- Evaluate and manage the risks of potentially dangerous data data.
- Interface with the control authorities in case of inspections or complaints.
- Support in impact assessments (DPIA), mandatory for certain sensitive treatments.

Privacy legislation in Switzerland and abroad

The LPD is the main legislation for the protection of personal data in Switzerland and applies to both the public and the private sector. From its recent update (in force since 2023), the LPD has introduced more stringent requirements for data management and for transparency with the subjects concerned.
Obligations for companies : among the requirements, the new LPD provides for greater transparency on the processed data and introduces sanctions for those who do not respect the obligations.
Rights of individuals : interested parties have the right of access, correction and cancellation of their data, in line with the GDPR.

The GDPR applies directly to all Swiss companies that process personal data of citizens of the European Union. With a more rigorous approach, the GDPR requires organizations to manage data safely, transparent and responsible.
Main GDPR obligations : explicit consent for data processing, appointment of a DPO under certain conditions, and management of any violations with timely communication to the interested parties.

When and why appoint a DPO

The appointment of a DPO is mandatory for certain organizations that process personal data on large scale, or sensitive or crimes data. However, many companies choose to have a DPO even if not mandatory, to ensure compliance and optimally manage risks.