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The nFADP introduces the following eight major changes for businesses.

1. Only data of natural persons, and not those of legal persons, are now covered.
2. Genetic and biometric data fall under the definition of sensitive data.
3. The principles of “Privacy by Design” and “Privacy by Default” are introduced. As its name implies, the principle of “Privacy by Design” requires developers to integrate the protection and respect of users’ privacy into the very structure of the products or services that collects personal data. The principle of “Privacy by Default” ensures the highest level of security as soon as the products or services are released, by activating by default, i.e. without any intervention from users, all the measures necessary to protect data and limit their use. In other words, all software, hardware and services must be configured to protect data and respect the privacy of users.
4. Keeping a register of processing activities is now mandatory. However, the ordinance allows exemptions for SMEs whose data processing presents limited risk of harm to the data subject.
5. Prompt notification to the Federal Data Protection and Information Commissioner (FDPIC) is required in the event of a data security breach.
6. The concept of profiling (i.e. the automated processing of personal data) is now part of the law.

Companies that have already complied with the EU General Data Protection Regulation (GDPR) have minimal changes to make.

The association “SwissPrivacy.Law” has published a comparison table between the nFADP and the EU Regulation.