Guest post by André Henri Kuhn (MLaw/MBA)
A previous post on September 14, 2022 by Christian Hebeisen showed how committed Boss Info is to data protection. In this guest post, lawyer André Henri Kuhn (MLaw/MBA) now provides a broader insight into the subject and looks at Boss Info in particular.
People can decide for themselves whether they disclose information about themselves or which information they share with whom. Article 13 (2) of the Swiss Constitution deals with “informational self-determination”. The Data Protection Act defines information concerning specific persons and stipulates conditions for processing these data.
This ensures that the principles of legality, proportionality, appropriateness and accuracy are applied when processing personal data. For example, appropriateness means that the personal data may only be processed for the purpose recognizable to the person and only for as long as this purpose applies. Failure to follow the principles constitutes a violation of the law.
The new law will enter into force in September 2023. First and foremost, responsibilities at management level and in the organization will change.
A company will bear increased responsibility
In order to manage all the new requirements, many companies will hire a data protection consultant. Boss Info has already taken this step.
As a fast-growing group and as a service provider, Boss Info wants to be legally compliant when it comes to data protection and processing personal data. A company is compliant if it adheres to the law and standards which are customary in its industry. In terms of data protection, this means that information about individuals is processed in good faith in accordance with the law.
Boss Info has proactively addressed the issue of data protection. The following activities have already been implemented:
The following is planned or has already been addressed:
DieAdvokatur.ch is a law firm (lawyers, business IT specialists and other specialists) with over 30 years of experience in advising companies on IT projects and legal issues. DieAdvoaktur.ch works with a large number of established and expanding companies, and since mid-2022 it has assisted Boss Info with data protection.
Boss Info wants to implement a high standard in its organization and when dealing with the technology used. We are delighted to help the Data Protection Officer (DPO) with his responsibilities. We work in the background, and on request we can also work alongside the management team.
If you have any questions, please contact the DPO, Mr. Christian Hebeisen. We are pleased to support your DPO and you as “bosses” in light of the newly introduced data protection law.
André Henri Kuhn (MLaw/MBA) is an associate at Advokatur Sury AG in Lucerne. He is also a lecturer at the Swiss Distance University of Applied Sciences (FFHS) and at the Lucerne University of Applied Sciences and Arts (HSLU), as well as teaching economics and law at secondary school level.
