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A data protection advisor, is it necessary to have one?

Swiss companies should check whether they need a data protection advisor. MyRight explains what you need to know.

The answer in detail

Do companies necessarily need an in-house data protection advisor?

It is not required by law to create such a position. The responsible person can decide whether it is necessary or appropriate. 

What does it take to create a successful data protection advisor function?

If a data protection advisor should be employed, the law requires the following conditions to be met:

  • The data protection advisor function must be functionally independent from the responsible person and without a mandate.
  • They may not exercise any activity that cannot be reconciled with the task of a data protection advisor.
  • They must also have the corresponding specialist expertise,
  • their contact details must be public, and the FDPIC must be notified.

Other legal tips and sample documents on the subject of data protection: