We've taken quantum leaps in the digital realm since 1992 — the year Switzerland's current data protection laws were established. As of September 1, 2023, Switzerland will introduce a revised data protection law (the revised Federal Act on Data Protection (FADP)) that's more aligned with the strict standards of the European Union. For Swiss businesses, and particularly those working in the digital space, this is a significant regulatory update you won't want to ignore.
The good news is that if you've already taken steps to comply with the European General Data Protection Regulation (GDPR), you've done most of the heavy lifting. However, if your organisation ignores these changes, you could be facing a fine of up to CHF 250,000.
As a HubSpot user, you can avoid penalties and safeguard your customer's data by getting acquainted with the implications of the new data protection law and using the platform's tools to ensure your website is compliant. By applying simple best practices, you can save yourself a tonne of hassle and ensure your organisation is operating within the limitations of the law.
Key changes in Swiss data protection law
To enhance data protection, the new Data Protection Act (FADP) in Switzerland goes beyond simply aligning with international standards. There are several key changes you should be aware of:
- Cross-border Data Exchange: Switzerland wants to meet the requirements necessary for cross-border data exchange to ensure less bureaucracy.
- Employee Responsibility: Employees must actively contribute to compliance efforts, as individuals can also be fined alongside their employers.
- Explicit Consent for Email Marketing: A legal disclaimer and consent form that clearly requests and obtains consent from visitors before sending them sales and marketing emails is the only way to ensure complete compliance.
- Definition of Sensitive Data: The concept of "sensitive data" has expanded in the FADP. Genetic and biometric data can only be processed with explicit consent from the individual involved.
These are some of the biggies you need to keep your eye on. The aim is to reinforce data protection in Switzerland and bring it in line with the evolving international changes — especially GDPR. You should familiarise yourself with the changes in these regulations so that your business doesn't fall prey to avoidable errors.
Impact on HubSpot Websites and Digital Marketing Practices
If your business has only catered to Swiss data protection laws, you may feel a sense of urgency to get your HubSpot website and digital marketing practices up to scratch. Let's dive into what you should act on right away:
Evaluate the existing data protection measures in HubSpot
Take a good look at what you've already got set up within HubSpot and how personal data is collected, stored, processed, and shared through the various features and functionalities of the platform.
HubSpot's Knowledge Base is a valuable resource that can provide comprehensive articles on topics such as GDPR compliance and how to manage customer consent.
Review and download HubSpot's Data Processing Agreement (DPA). This agreement establishes the responsibilities and obligations of both parties regarding data protection.
Identify the areas that must be adjusted for compliance
Once you've evaluated the existing data protection measures in HubSpot, it's time to hone in on what exactly needs to be shaped up for compliance. This could involve updating privacy policies, consent mechanisms, data retention practices, and data access controls within the platform.
Check out the Swiss Federal Data Protection and Information Commissioner (FDPIC) for more insights on the necessary adjustments you should be looking to make.
Ensure transparency and consent mechanisms
HubSpot has a host of features and tools that can help you implement data practices and obtain proper consent; these include:
- Customisable cookie banners
- Consent forms
- Preference centres
By being transparent and getting the necessary consent from your website visitors, you're going to sleep well at night knowing your website is operating as it should be and only folks who want to be contacted are entered into your workflows and communications. You should review and adjust the data protection features within your HubSpot portal regularly to make sure your business is aligned with the specific consent requirements outlined in the new Data Protection Act.
HubSpot's Consent Management API is an additional resource that allows you to programmatically manage consent records and preferences, further supporting your compliance efforts. You can find documentation and guidance on implementing transparent consent mechanisms in the HubSpot Developer Documentation.
Leverage BEE's Experts to Achieve Compliance
As a marketing manager operating in Switzerland, it's important to make sure that your website is ready for the upcoming changes in Swiss data protection laws. Whether you're starting from scratch or you'd like to ensure that your company has crossed all the t's and dotted all the i's, we can be your friendly guide to effective data compliance.
BEE can help you implement the necessary best practices in HubSpot and capitalise on any potential marketing opportunities. As a digital growth solution partner
that serves businesses in the EU and Switzerland, we are well-positioned to offer the support and insights you need to make the transition as smooth as possible. If you'd like to get this off your to-do list, speak to one of the experts today.
