SWITZERLAND Law and Practice Contributed by: Philippe Nordmann, Marion Bähler, Christian Hagen, Samuel Lieberherr and Dario Glauser, Walder Wyss Ltd
• Privacy by default – unless the data subject instructs otherwise, the controller is required to lim - it the processing to the required minimum through pre-defined settings. The transfer of personal data to countries that do not provide a level of data protection considered adequate by Swiss law is not permitted unless the protection of the personal data is ensured by other measures (eg, by using the standard contractual clauses of the EU with certain Swiss-specific amendments). In certain cases, the transfer mechanism requires prior approval by or notification to the FDPIC, the Swiss data protec - tion authority. 8.3 Role and Authority of the Data Protection Agency The FDPIC is an independent body tasked with super - vising private persons and federal bodies with respect to data protection compliance. To this end, the FDPIC has published several non-binding guidelines. The FDPIC may investigate cases either on its own initiative or at the request of a third party. If such an investigation reveals that data protection regulations are being breached, the FDPIC may issue binding orders (eg, that the processing is fully or partially adjusted, suspended or terminated). The individual or entity subject to such order (but not the data subject) may initiate proceedings against it before the compe - tent court. The FDPIC may also inform the public of its findings and its decisions in cases of general interest, which may lead to negative publicity. Moreover, the FDPIC is subject to the Freedom of Information Act and may be required, upon request, to release infor - mation to the public or the media. The FDPIC does not have the authority to issue any fines. However, law enforcement agencies may issue fines of up to CHF250,000 for certain data protection breaches. These fines may be imposed on the indi - viduals responsible for a breach, including, if appli - cable, on directors and officers and employees with independent decision-making power, provided these breaches have been committed wilfully (see Article 12, Criminal Code) and on the condition that a subject makes a complaint.
In addition, data subjects may directly take legal action in case of violation of their rights under the FADP and related Swiss data protection legislation.
9. Looking Forward 9.1 Upcoming Legal Reforms Revised Patent Act
On 1 January 2027, the revised Swiss Patent Act will enter into force together with the revised Swiss Patent Ordinance. The main changes are as follows. • Patent applicants will be able to request that the Swiss Federal Institute of Intellectual Property examine their patent application for all patentability requirements. The fully examined national patent will offer medium-sized enterprises and individual inventors, in particular, an equivalent, convenient and lower-cost alternative to the European patent. If no such request is made, the partially examined patent will continue to be an inexpensive and easily obtainable IP right. • The Swiss Federal Institute of Intellectual Property will have to establish the state of the prior art in the field of the invention. The search results will be published, which will allow all interested parties to determine whether the invention is eligible for pat - ent protection. Overall, this will increase the value of the Swiss national patent. • The well-versed Federal Patent Court, instead of the Federal Administrative Court, will judge appeals against decisions of the Swiss Federal Institute of Intellectual Property. Foreign Investment Control The new Swiss Federal Act on the Screening of For - eign Investments (IPG) is scheduled to enter into force in 2027. So far, Switzerland does not have any foreign investment control regime. It will introduce a dedicated foreign investment screening regime target - ing acquisitions of Swiss companies by foreign state- controlled investors in certain sensitive sectors. The law distinguishes between sectors that are particularly critical to public order and security (eg, defence indus - try, water supply, energy, and security-related IT sys - tems), which are subject to a lower turnover threshold, and other sensitive sectors (eg, important hospitals or
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