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Data protection law – GDPR, BDSG (Federal Data Protection Act), Website

Data protection law – GDPR, BDSG (Federal Data Protection Act), Website

Back to “IT and Data Protection”

You are a controller as defined by the EU General Data Protection Regulation? You need general or detailed advice? You need help with practical implementation? You need support with administrative fines or criminal proceedings or with warning letters received from competitors, consumer associations, etc.?

Attorney Claudio Pfisterer will give you comprehensive, goal-oriented advice on all questions regarding the legal position in force since 25.05.2018, taking account of any problems. Attorney Claudio Pfisterer will advise you and represent you out of court as well as vis-à-vis the authorities and in court proceedings.

Thanks to his specialisation, Attorney Claudio Pfisterer can always assess the appropriate steps to be taken in your specific case. In the process, Attorney Claudio Pfisterer focuses on steps that make business sense and are financially viable.

EU General Data Protection Regulation

The EU General Data Protection Regulation has been in force since 25.05.2018. This Regulation entails a sizeable need for action on the part of every controller. Any company, regardless of its size, but also associations, landlords, etc. are controllers. The EU General Data Protection Regulation always applies whenever personal data are processed. As a controller, you must fulfil your duties of disclosure, for example. You must keep records and ensure by technical and organisational means that rules are adhered to. A Data Protection Officer may have to be appointed. Data subjects can also assert extensive rights against you. The high level of fines alone (up to € 20 million or 4% of the worldwide turnover whichever is higher) and the constant threat of receiving warning letters make it indispensable to implement the new rules across the board.

Federal Data Protection Act

The new Federal Data Protection Act has also been in force since 25.05.2018. It contains special provisions for data protection with respect to employees. Data protection laws have a far-reaching effect on labour laws. The new legal position must be reflected in employment contracts and collective agreements (e.g. works agreements). Significant changes must be taken into account in all questions on the subject of duties of confidentiality, duties of disclosure, video surveillance, employee photos, declarations of consent, etc.

Websites

The website is your “gateway to the world”. Any competitor, consumer association, etc. can access your website and perhaps send you warning letters. It is all the more important to design the website to comply with data protection laws. Do you use a contact form? Advertising plug-ins and statistics plug-ins? Newsletters? Cookies? Plug-ins from social networks? We will be happy to review your website and show you how to use it in compliance with data protection regulations.