The Federal Council's Cyber Committee recently adopted a report on the advancement of the 2018-2022 national strategy for the protection of Switzerland against cyber risks and its gradual implementation. The report focuses mainly on the progress made in supporting small and medium-sized enterprises and promoting research and training.
Parliament recently approved new regulations for blockchain and distributed ledger technology (DLT). The goal of this new legal framework is to further establish and increase Switzerland's reputation as a leading, innovative and sustainable location for fintech and DLT companies. Because Switzerland already has a world-class and pioneering infrastructure for financial markets, these qualities should allow it to remain at the forefront of the DLT and fintech scene.
Parliament recently approved the final draft of the revised Data Protection Act, which is expected to enter into force in 2022. The revision aims to modernise Switzerland's data protection landscape in line with the more sophisticated EU legislation, particularly the EU General Data Protection Regulation, which entered into force in 2018.
The Federal Administrative Court (FAC) recently issued a ruling concerning the status of instant messaging app Threema from a telecoms surveillance legislation perspective. The consequences of the FAC's ruling, if upheld by the Federal Supreme Court, would exonerate many over-the-top service providers (typically instant messaging and voice call providers) from certain obligations under telecoms legislation. However, businesses active in the telecoms area should nonetheless remain cautious.
The Federal Data Protection and Information Commissioner (FDPIC) recently removed the United States from its list of countries deemed to provide an "adequate level of data protection". Essentially, the FDPIC is of the opinion that legal remedies for data subjects in Switzerland under the Swiss-US Privacy Shield are insufficient. Going forward, businesses must reassess their cross-border data transfers in light of the FDPIC's statement.