When reports come in through whistleblowing channels or concerns about employee conduct otherwise arise, a recurring issue has been whether internal investigations must consider the principles of criminal procedural law. In a recent decision, the Federal Supreme Court held that this was not the case and confirmed a reasonable balance between the obligations of employers and the rights of employees provided for by Swiss law.

The revised Data Protection Act (nDPA) and the revised Data Protection Ordinance (nDPO) will enter into force on 1 September 2023. The revised Swiss data protection law is “a GDPR-like” legislation and provides for certain (new) obligations not contained in the current data protection law.
In an employment relationship, an employer inevitably processes employees’ personal data for various purposes. This client alert aims to inform employers about their data privacy obligations under the new data protection law and provides an opportunity to test data protection compliance.