Federal Act of 25 September 2020 on Data Protection

Source : Federal law

Code/RS : SR 235.1

Abbreviation :
FADP
Provision :
Article 28 (+ Articles 20-22 DPO)
Short description :
Right to data portability
Nature of the provision :
Right to request data
Status :
In force
Sector :
All

Legal text :

Right to delivery or transfer of personal data 1 The data subject may request the controller to deliver the personal data that they have disclosed to it in a conventional electronic format if: a. the controller is carrying out the automated processing of the data; and b. the data are being processed with the consent of the data subject or in direct connection with the conclusion or the performance of a contract between the controller and the data subject. 2 The data subject may also request the controller to transfer their personal data to another controller if the requirements in paragraph 1 are met and no disproportionate effort is required. 3 The controller must deliver or transfer the personal data free of charge. The Federal Council may provide for exceptions, in particular if the effort is disproportionate.

Actor with an obligation to share data

Controller = the private individual or federal body that determines, alone or jointly with others, why and how personal data is processed

Beneficiaries

Person whose personal data is processed (‘data subject’) = the natural person whose personal data is processed;

Linking criteria for Switzerland

Linking criteria for Switzerland

Financial aspects

In principle free (exceptions may apply)

Binding and/or enforceable

Binding obligation; enforceable right

Conditions for accessing data

Existence of personal data concerning the applicant processed by automated means by the controller with the consent of the data subject or in connection with a contract

Exceptions and limitations

If transmission requires disproportionate effort [The effort is disproportionate if the transmission of personal data to another controller is not possible for technical reasons.]

Static data

Format

Commonly used electronic formats [= formats which allow personal data to be transmitted with a proportionate amount of effort for re-use by the data subject or by another controller]

Plateform

n/a [note: the right to portability does not mean that the data controller is obliged to adopt or maintain technically compatible data processing systems]

Actor with an obligation to share data Controller = the private individual or federal body that determines, alone or jointly with others, why and how personal data is processed

Beneficiaries Person whose personal data is processed (‘data subject’) = the natural person whose personal data is processed;

Linking criteria for Switzerland n/a

Financial aspects In principle free (exceptions may apply)

Binding and/or enforceable Binding obligation; enforceable right

Conditions for accessing data Existence of personal data concerning the applicant processed by automated means by the controller with the consent of the data subject or in connection with a contract

Exceptions and limitations If transmission requires disproportionate effort [The effort is disproportionate if the transmission of personal data to another controller is not possible for technical reasons.]

Time component Static data

Format Commonly used electronic formats [= formats which allow personal data to be transmitted with a proportionate amount of effort for re-use by the data subject or by another controller]

Plateform n/a [note: the right to portability does not mean that the data controller is obliged to adopt or maintain technically compatible data processing systems]

Compilation and Disclaimer

This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law).

This index does not constitute legal advice, and no guarantee is given regarding its completeness.

Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.