Security Requirements and Breach Notification
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Security Requirements and Breach Notification Start Comparison
Do data privacy laws or regulations impose obligations to maintain information security controls to protect personal data from unauthorized access or processing?

Last review date: 11 December 2024

Yes.

☒  general obligation to take appropriate / reasonable technical, physical and/or organizational security measures

☒  requirement to undertake third party due diligence (security assessment of third party providers)

Do other laws or regulations impose obligations to protect systems from cyberattack?

Last review date: 11 December 2024

Yes, certain sector-specific laws contain specific data security obligations. The Information Security Act requires governmental bodies and public companies to protect against cyber attacks.

  public company obligations (e.g., duties to maintain sufficient information security measures or ensure operational resilience to cyberattacks?)

  network information security requirements (broader than telecommunications)

☒  health regulatory requirements

☒  financial services requirements

☒  telecommunication requirements

☒  other: there are more sector specific laws.

Has there been regulatory activity – including enforcement action, investigations, regulatory guidance or other public statements by the regulator – relating to cybersecurity by the following regulators in the last 12 months?

  Data privacy

☒  Securities or public company

☒  network information security

☒  health

☒  financial services

☒  telecommunications

☒  critical infrastructure

The Federal Data Protection and Information Commissioner undertook investigations with regard to data processing of companies that had a security breach. However, in general currently Swiss regulators are not (yet) very active in case of cyber security incidents.

Does data privacy or cybersecurity law impose obligations to make notifications about personal data security breaches?

Last review date: 26 December 2024

Yes.

Controllers/Owners have to notify:

Last review date: 26 December 2024

☒  data protection authorities

☒  affected individuals

Processors/Agents have to notify:

Last review date: 26 December 2024

Controller/ owner

Are there any additional sector-specific or non-personal data security breach notification requirements?

Last review date: 26 December 2024

☒  cybersecurity authorities

☒  health regulatory requirements (e.g., to notify incidents affecting safety of medical devices)

☒  financial services requirements