The repeal and the amendment of other legislation are regulated in Annex 1.
Chapter 10 (Art. 68 - 74) — Final Provisions
Articles 7, 22 and 23 do not apply to data processing that began before this Act comes into force, provided the purpose of processing remains unchanged and no new data are collected.
This Act does not apply to FDPIC investigations that are ongoing at the time that it comes into force; likewise, this Act does not apply to appeals pending against first instance decisions issued before it comes into force. Such cases are governed by the previous law.
For federal bodies, regulations in other federal legislation that relate to personal data shall continue to apply to the data of legal entities for five years from the date on which this Act come into force. In particular federal bodies may continue to disclose the data of legal entities in accordance with Article 57s paragraphs 1 and 2 of the Government and Administration Organisation Act of 21 March 1997 for five years from the date on which this Act come into force if there is a legal basis that authorises them to disclose personal data.
- The election of the Commissioner and the termination of his or her term of office shall be governed by the previous law until the end of the legislature period in which this Act comes into force.
- If the incumbent is elected in the first vote of the United Federal Assembly to elect the Commissioner, the Commissioner’s new term of office begins on the day after the election.*
* Inserted by No I of the FA of 17 June 2022 (Employment Contract for the Head of the FDPIC), in force since 1 Sept. 2023 (AS 2023 231; BBl 2022 345, 432).
Coordination with other enactments is regulated in Annex 2.
- This Act is subject to an optional referendum.
- The Federal Council shall determine the commencement date.
Commencement date: 1 September 2023*
* BRB of 31 Aug. 2022.
I. The following enactments are repealed:
- Federal Act of 19 June 1992* on Data Protection;
- Schengen-Data Protection Act of 28 September 2018.
II. The following enactments are amended as follows:
...**
* [AS 1993 1945; 1997 2372 No II; 1998 1546 Art. 31, 1999 2243 Art. 25; 2006 2197 Annex No 26, 2319 Annex No 4; 2007 4983; 2010 1739 Annex 1 No II 14, 3387 No 3; 2013 3215 Annex No 1; 2019 625 No II 1]