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Privacy Policy Notice

Privacy Policy Notice Template for Switzerland

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Key Requirements PROMPT example:

Privacy Policy Notice

"I need a Privacy Policy Notice for my Swiss-based fintech startup that will launch in March 2025, including specific provisions for automated credit scoring and international data transfers to our US-based cloud providers."

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Document background
A Privacy Policy Notice is a legally required document under Swiss data protection law that must be provided by organizations processing personal data in Switzerland. This document has gained increased importance following the implementation of the revised Federal Act on Data Protection (revFADP) in September 2023, which introduced enhanced requirements for transparency and accountability in data processing activities. Organizations must maintain an up-to-date Privacy Policy Notice that accurately reflects their data processing activities, provides information about data subject rights, and details the measures taken to protect personal information. The document must comply with Swiss legal requirements while often also considering EU GDPR standards due to Switzerland's close economic ties with the EU and the need for maintaining adequacy status. It serves as a key transparency tool and helps organizations demonstrate compliance with data protection principles.
Suggested Sections

1. Introduction: Overview of the policy scope and purpose, including identity and contact details of the data controller

2. Definitions: Key terms used throughout the policy, including 'personal data', 'processing', 'data subject' and other relevant terminology

3. Scope of Application: Description of who the policy applies to and what activities it covers

4. Types of Data Collected: Detailed listing of personal data categories collected and processed

5. Legal Basis for Processing: Explanation of the legal grounds for data processing under Swiss law

6. Purposes of Processing: Detailed description of how and why personal data is processed

7. Data Subject Rights: Explanation of individual rights regarding personal data and how to exercise them

8. Data Security: Description of security measures protecting personal data

9. Data Retention: Information about how long data is stored and criteria for retention periods

10. International Data Transfers: Information about data transfers outside Switzerland and safeguards applied

11. Contact Information: Details for contacting the organization and/or data protection officer

12. Updates to Privacy Policy: Information about how changes to the policy will be communicated

Optional Sections

1. Cookie Policy: Detailed information about website cookies and tracking technologies - required if the organization operates websites using cookies

2. Children's Privacy: Special provisions for processing children's data - required if services may be used by minors

3. Special Categories of Data: Specific provisions for sensitive data processing - required if processing sensitive personal data

4. Automated Decision Making: Information about automated processing and profiling - required if such processing occurs

5. Third-Party Services: Information about third-party data processors - required if external service providers process data

6. Marketing Communications: Details about marketing communications and opt-out rights - required if conducting direct marketing

7. Employment Data Processing: Specific provisions for employee data - required if policy covers employee data

8. Video Surveillance: Information about CCTV and video monitoring - required if such systems are used

Suggested Schedules

1. Data Processing Activities Register: Detailed list of specific data processing activities and their characteristics

2. List of Data Processors: Schedule of third-party data processors and their roles

3. Technical and Organizational Measures: Detailed description of security measures implemented

4. Cookie List: Comprehensive list of cookies used, their purposes and duration

5. Data Retention Schedule: Detailed retention periods for different categories of personal data

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Personal Data
Processing
Data Subject
Data Controller
Data Processor
Sensitive Personal Data
Data Protection Officer
Cross-border Data Transfer
Consent
Federal Data Protection and Information Commissioner
Automated Decision-Making
Profiling
Data Protection Impact Assessment
Privacy by Design
Privacy by Default
Data Breach
Data Retention
Technical and Organizational Measures
Cookies
Log Files
Anonymization
Pseudonymization
Third Party
Recipient
Filing System
Child/Minor
Direct Marketing
Legitimate Interest
Data Minimization
Group Company
Service Provider
Sub-processor
Data Protection Legislation
revFADP
GDPR
Privacy Notice
Data Subject Rights
Privacy Shield
Standard Contractual Clauses
Binding Corporate Rules
Joint Controller
Data Protection Representative
Special Categories of Personal Data
Information Society Services
Data Portability
Right to Object
Right to Erasure
Clauses
Scope
Definitions
Data Collection
Legal Basis
Purpose Limitation
Data Minimization
Storage Limitation
Data Security
Data Accuracy
Transparency
Data Subject Rights
Consent
International Transfers
Third-Party Processing
Data Retention
Data Protection Officer
Breach Notification
Children's Privacy
Marketing Communications
Cookie Usage
Automated Processing
Complaint Handling
Policy Updates
Governing Law
Contact Information
Special Categories Processing
Technical Measures
Organizational Measures
Sub-processing
Data Sharing
Record Keeping
Impact Assessment
Accountability
Cross-border Transfers
Relevant Industries

Financial Services

Healthcare

Technology

Retail

E-commerce

Manufacturing

Education

Professional Services

Telecommunications

Insurance

Real Estate

Hospitality

Transportation

Energy

Media and Entertainment

Non-profit Organizations

Public Sector

Construction

Agriculture

Research and Development

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Human Resources

Marketing

Customer Service

Operations

Digital

Executive Leadership

Information Governance

Data Protection

Privacy

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Information Security Officer

Risk Manager

IT Director

Chief Technology Officer

Operations Manager

Human Resources Director

Marketing Manager

Customer Service Manager

Digital Operations Manager

Chief Executive Officer

Data Protection Specialist

Privacy Analyst

Compliance Officer

Information Governance Manager

Industries
Swiss Federal Act on Data Protection (revFADP/nFADP) 2023: The primary Swiss data protection law that regulates the processing of personal data by private persons and federal bodies. It includes requirements for transparency, data subject rights, and cross-border data transfers.
Swiss Federal Constitution (Article 13): Establishes the fundamental right to privacy and protection against misuse of personal data in Switzerland.
EU General Data Protection Regulation (GDPR): While not Swiss law, it's relevant for Swiss companies processing data of EU residents or offering goods/services to the EU market. Swiss Privacy Policies often comply with GDPR to ensure broader coverage.
Swiss Civil Code: Contains provisions on personality rights protection that can affect privacy matters, particularly Article 28 on protection against violations of personality rights.
Swiss Criminal Code: Includes provisions on data theft and unauthorized data access (Article 143), which should be considered in privacy policies.
Swiss Telecommunications Act: Relevant if the organization handles telecommunications data or provides telecommunications services, containing specific privacy requirements for this sector.
Federal Act on Unfair Competition (UWG): Contains provisions relevant to data protection in the context of commercial practices and customer data handling.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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