Privacy in the digital environment.

Data Protection is Privacy. Wheter in eCommerce or greater ICT-Projects, but also in essential business processes in enterprises, a lot of times huge amounts of personal data is being processed. Statutory frameworks such as the European General Data Protection Regulation (GDPR) or the newly entirely revised Federal Act on Data Protection (FADP) require a transparent handling and compliance with the regulations

Data protection management system (DSMS) and information security and data protection concepts (ISDS)

We advise our Companies, Institutions and Private Clients efficiently and in a client-oriented manner. We help to minimise risks and develop the necessary data protection concepts and carry out impact assessments. We draw up contracts for order data processing, licensing or review data privacy statements or general terms and conditions.

Data breach and justification

The rules of data protection law define the conditions under which data processing leads to a violation of personality rights and in which cases a violation of personality rights can be justified. A violation of personality rights exists in particular if personal data is processed contrary to the data protection principles. In particular, a violation of personality rights is unlawful if not justified by the consent of the data subject, by an overriding private or public interest or by law, or if it occurs without a legal basis.

Sanctions

Violations of data protection law can lead to legal actions based on personal rights on the one hand and high fines on the other. The deterrent fines in particular have been frequently mentioned since the GDPR came into force. The GDPR penalty of up to EUR 20,000,000.00 or, in the case of a company, up to 4% of its total global annual turnover in the previous financial year hangs like the sword of Damocles over companies subject to the GDPR. However, fines of up to CHF 250,000.00 can also be imposed for violations of the DPA – against the culpable managers, and thus in particular against the culpable executive bodies, managing partners and board members.

Get in touch with us for an initial consultation on matters of Data Protection.