31 August 2022 – At its meeting on 31 August 2022, the Federal Council adopted the new Data Protection Ordinance (DPO) and the new Ordinance on Data Protection Certifications (DPCO). The implementing provisions will enter into force together with the completely revised Data Protection Act (revDPA) as expected on 1 September 2023 (press release available in German, French and Italian).

The Swiss Parliament passed the completely revised Data Protection Act (revDPA) on 25 September 2020. As of autumn 2020, the revision of the corresponding implementing provisions was initiated accordingly. On 23 June 2021, the Federal Council opened the consultation thereon, which lasted until 14 October 2021 (see our prior news 1 October 2020, 23 June 2021, 7 July 2021 and 4 March 2022).

According to the report on the outcome of the consultation procedure of 31 August 2022, a wide range of parties participated in the consultation – comments were received from 24 cantons, the Conference of Cantonal Data Protection Commissioners "privatim", political parties and numerous associations from business, consumer protection and data protection circles, including Walder Wyss (report available in German, French and Italian).

The Federal Council has now decided that the:

- completely revised Data Protection Act (revDPA, available in German, French and Italian) and

- the new Data Protection Ordinance (DPO, available in German and French), and

- the new Ordinance on Data Protection Certifications (DPCO, available in German, French and Italian)

will enter into force on 1 September 2023. In doing so, it grants the Swiss economy another year to adapt to the new circumstances.

This means that the long-awaited final version of the DPO is finally available. At the same time, the Federal Council has published the comprehensive explanatory report on the DPO (available in German and French) and on the DPCO (available in German, French and Italian) as well as an "FAQ on data protection law" (available in German, French and Italian).

An unofficial English translation of the DPA is available here. An unofficial English translation of the DPO as well as additional information on the DPO and the DPCO will be published soon on this website, so stay tuned.