The revised Data Protection Act (revDSG) has been in effect in Switzerland since September 1, 2023. Despite many similarities in content with the European General Data Protection Regulation (GDPR) and the so-called Cookie Directive, the revDSG does not require a legal basis for data processing as long as such processing does not infringe upon the data subject’s personal rights. A violation of personal rights occurs when the principles of data processing and security under Articles 6–8 of the revDSG are not observed, when data processing takes place contrary to the express will of the data subjects, or when particularly sensitive personal data is disclosed to third parties. Consent may also serve as a basis for disclosing data to a country without adequate data protection. Finally, it should be noted that valid consents under the GDPR are also valid within the scope of the revDSG. The reverse, however, is not necessarily true.
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