Posts tagged "data protection"

GDPR and the New LPD: What Swiss Companies Must Know in 2026

Swiss companies are navigating a more complex data protection landscape than ever before. With the revised Federal Act on Data Protection (LPD) and the EU’s General Data Protection Regulation (GDPR), businesses must comply with stricter rules on how they collect, store, and use personal data.

The most critical change is transparency. Companies must inform individuals about the type of data collected, its purpose, and how long it will be stored. Vague privacy notices are no longer acceptable; clear and accessible communication is now a legal requirement.

Another obligation is accountability. Swiss companies must implement technical and organizational measures to ensure data security, such as encryption, secure storage, and staff training. Larger organizations may also need to appoint a data protection officer to oversee compliance.

Cross-border data transfers are under more scrutiny. Businesses dealing with EU partners or customers must make sure their processes comply with GDPR, even if they are based in Switzerland. This includes contracts with service providers and data processors.

Finally, companies must be ready to respond to data subject rights. Individuals can request access to their personal data, corrections, or even deletion. Processes need to be in place to handle such requests quickly and correctly.

For SMEs and corporates alike, compliance is not only about avoiding penalties. Strong data protection practices also build trust, which is essential in Switzerland’s competitive market. By preparing now for 2026, companies can stay compliant and strengthen their reputation.

SaaS Contracts: Key Clauses for Swiss Providers and Clients

Software-as-a-Service (SaaS) has become the preferred model for many Swiss businesses. From finance to logistics, companies rely on cloud-based solutions to run critical operations. However, the success of a SaaS relationship often depends on one document: the contract. Knowing the key clauses is essential for both providers and clients.

One of the most important clauses is the service level agreement (SLA). This defines availability, uptime guarantees, and remedies if the service fails. Clear SLAs protect clients while ensuring providers set realistic expectations.

Data protection is another central issue. With the revised Swiss Data Protection Act (LPD) and the European GDPR, contracts must specify how personal data is processed, stored, and transferred. Clients should verify that providers comply with these obligations to avoid liability.

Termination rights also matter. Both sides need to know how the contract can end, whether due to non-performance, breach of obligations, or at the end of a subscription period. Clear exit terms prevent costly disputes.

Other key clauses include intellectual property ownership, liability limitations, and pricing adjustments. Each of these ensures that both providers and clients understand their responsibilities and protections.

For Swiss companies, well-drafted SaaS contracts are not just paperwork. They are the foundation of trust and long-term cooperation in a digital economy. By paying attention to these clauses, businesses reduce risk and ensure smoother operations.

Data Protection Obligations for Swiss Companies

The protection of personal data has become one of the most pressing challenges for businesses. In Switzerland, the revised Federal Act on Data Protection (FADP/LPD) entered into force in 2023, aligning more closely with the European Union’s GDPR. For Swiss companies, understanding and complying with these obligations is essential to avoid fines and maintain customer trust.

One of the most important requirements is transparency. Companies must inform clients, employees, and partners about what personal data they collect, how it is used, and for how long it is stored. Clear privacy notices and easy-to-understand policies are now mandatory.

Another obligation concerns data security. Businesses must take appropriate technical and organizational measures to prevent unauthorized access, accidental loss, or misuse of data. This means ensuring secure IT systems, regular audits, and training for employees handling sensitive information.

Swiss companies must also respect data subject rights. Individuals have the right to access their data, correct inaccuracies, or request deletion. Businesses need internal processes to respond to these requests quickly and correctly.

Finally, companies engaging in high-risk data processing must conduct a data protection impact assessment. This ensures risks are identified and mitigated before new projects or systems are launched.

Compliance is not just about avoiding penalties. It is also about building trust in a digital economy where clients expect confidentiality and security. For SMEs and large organizations alike, strong data protection practices are now part of being competitive in Switzerland’s market.