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- Art. 5a FC
- Art. 6 FC
- Art. 10 FC
- Art. 16 FC
- Art. 17 FC
- Art. 20 FC
- Art. 22 FC
- Art. 29a FC
- Art. 30 FC
- Art. 32 FC
- Art. 42 FC
- Art. 43 FC
- Art. 43a FC
- Art. 55 FC
- Art. 56 FC
- Art. 60 FC
- Art. 68 FC
- Art. 75b FC
- Art. 77 FC
- Art. 96 para. 2 lit. a FC
- Art. 110 FC
- Art. 117a FC
- Art. 118 FC
- Art. 123b FC
- Art. 136 FC
- Art. 166 FC
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- Art. 11 CO
- Art. 12 CO
- Art. 50 CO
- Art. 51 CO
- Art. 84 CO
- Art. 143 CO
- Art. 144 CO
- Art. 145 CO
- Art. 146 CO
- Art. 147 CO
- Art. 148 CO
- Art. 149 CO
- Art. 150 CO
- Art. 701 CO
- Art. 715 CO
- Art. 715a CO
- Art. 734f CO
- Art. 785 CO
- Art. 786 CO
- Art. 787 CO
- Art. 788 CO
- Transitional provisions to the revision of the Stock Corporation Act of June 19, 2020
- Art. 808c CO
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- Art. 2 PRA
- Art. 3 PRA
- Art. 4 PRA
- Art. 6 PRA
- Art. 10 PRA
- Art. 10a PRA
- Art. 11 PRA
- Art. 12 PRA
- Art. 13 PRA
- Art. 14 PRA
- Art. 15 PRA
- Art. 16 PRA
- Art. 17 PRA
- Art. 19 PRA
- Art. 20 PRA
- Art. 21 PRA
- Art. 22 PRA
- Art. 23 PRA
- Art. 24 PRA
- Art. 25 PRA
- Art. 26 PRA
- Art. 27 PRA
- Art. 29 PRA
- Art. 30 PRA
- Art. 31 PRA
- Art. 32 PRA
- Art. 32a PRA
- Art. 33 PRA
- Art. 34 PRA
- Art. 35 PRA
- Art. 36 PRA
- Art. 37 PRA
- Art. 38 PRA
- Art. 39 PRA
- Art. 40 PRA
- Art. 41 PRA
- Art. 42 PRA
- Art. 43 PRA
- Art. 44 PRA
- Art. 45 PRA
- Art. 46 PRA
- Art. 47 PRA
- Art. 48 PRA
- Art. 49 PRA
- Art. 50 PRA
- Art. 51 PRA
- Art. 52 PRA
- Art. 53 PRA
- Art. 54 PRA
- Art. 55 PRA
- Art. 56 PRA
- Art. 57 PRA
- Art. 58 PRA
- Art. 59a PRA
- Art. 59b PRA
- Art. 59c PRA
- Art. 62 PRA
- Art. 63 PRA
- Art. 67 PRA
- Art. 67a PRA
- Art. 67b PRA
- Art. 75 PRA
- Art. 75a PRA
- Art. 76 PRA
- Art. 76a PRA
- Art. 90 PRA
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- Vorb. zu Art. 1 FADP
- Art. 1 FADP
- Art. 2 FADP
- Art. 3 FADP
- Art. 5 lit. f und g FADP
- Art. 6 Abs. 6 and 7 FADP
- Art. 7 FADP
- Art. 10 FADP
- Art. 11 FADP
- Art. 12 FADP
- Art. 14 FADP
- Art. 15 FADP
- Art. 19 FADP
- Art. 20 FADP
- Art. 22 FADP
- Art. 23 FADP
- Art. 25 FADP
- Art. 26 FADP
- Art. 27 FADP
- Art. 31 para. 2 lit. e FADP
- Art. 33 FADP
- Art. 34 FADP
- Art. 35 FADP
- Art. 38 FADP
- Art. 39 FADP
- Art. 40 FADP
- Art. 41 FADP
- Art. 42 FADP
- Art. 43 FADP
- Art. 44 FADP
- Art. 44a FADP
- Art. 45 FADP
- Art. 46 FADP
- Art. 47 FADP
- Art. 47a FADP
- Art. 48 FADP
- Art. 49 FADP
- Art. 50 FADP
- Art. 51 FADP
- Art. 54 FADP
- Art. 57 FADP
- Art. 58 FADP
- Art. 60 FADP
- Art. 61 FADP
- Art. 62 FADP
- Art. 63 FADP
- Art. 64 FADP
- Art. 65 FADP
- Art. 66 FADP
- Art. 67 FADP
- Art. 69 FADP
- Art. 72 FADP
- Art. 72a FADP
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- Art. 2 CCC (Convention on Cybercrime)
- Art. 3 CCC (Convention on Cybercrime)
- Art. 4 CCC (Convention on Cybercrime)
- Art. 5 CCC (Convention on Cybercrime)
- Art. 6 CCC (Convention on Cybercrime)
- Art. 7 CCC (Convention on Cybercrime)
- Art. 8 CCC (Convention on Cybercrime)
- Art. 9 CCC (Convention on Cybercrime)
- Art. 11 CCC (Convention on Cybercrime)
- Art. 12 CCC (Convention on Cybercrime)
- Art. 25 CCC (Convention on Cybercrime)
- Art. 29 CCC (Convention on Cybercrime)
- Art. 32 CCC (Convention on Cybercrime)
- Art. 33 CCC (Convention on Cybercrime)
- Art. 34 CCC (Convention on Cybercrime)
FEDERAL CONSTITUTION
CODE OF OBLIGATIONS
FEDERAL LAW ON PRIVATE INTERNATIONAL LAW
LUGANO CONVENTION
CODE OF CRIMINAL PROCEDURE
CIVIL PROCEDURE CODE
FEDERAL ACT ON POLITICAL RIGHTS
CIVIL CODE
FEDERAL ACT ON CARTELS AND OTHER RESTRAINTS OF COMPETITION
FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS
DEBT ENFORCEMENT AND BANKRUPTCY ACT
FEDERAL ACT ON DATA PROTECTION
SWISS CRIMINAL CODE
CYBERCRIME CONVENTION
- In a nutshell
- I. General
- II. Transitional right regarding election and termination of the term of office (para. 1)
- III. Transitional right regarding the possible re-election of the current appointee (para. 2)
- Materials
In a nutshell
The new data protection law will come into force on September 1, 2023. However, the previous law will continue to apply to the election and termination of the term of office of the Commissioner until the end of the 51st legislative term. According to this, the United Federal Assembly is the electoral body and responsible for the most important employer decisions.
I. General
1 The total revision of the FADP amends the procedure for appointing the Commissioner. The United Federal Assembly is now the sole electoral body and responsible for the most important employer decisions. In this way, the independence and democratic legitimacy of the Commissioner are to be strengthened. Transitional provisions are therefore necessary for the election and termination of the term of office of the Commissioner.
2 Art. 72 para. 1 FADP was introduced as part of the parliamentary deliberations on the total revision of the FADP. The provision was not yet included in the Federal Council's draft, as the Federal Council had retained the previous procedure for appointing the Commissioner (election by the Federal Council and approval by the Federal Assembly in accordance with Art. 26 para. 1 aFADP) as well as the previous responsibilities for employer decisions (in particular Art. 26a para. 3 concerning removal from office by the Federal Council).
3 Art. 72 para. 2 FADP was only included in the totally revised FADP in the course of the work on the parliamentary initiative SPK-N 21.443. This was necessary to close an unintentional loophole regarding the possible re-election of the previous commissioner (cf. n. 6 f.).
II. Transitional right regarding election and termination of the term of office (para. 1)
4 Art. 72 para. 1 FADP provides that the election of the Commissioner and the termination of his or her term of office shall continue to be governed by the previous law until the end of the legislative period in which the totally revised FADP enters into force.
5 The Federal Council has set the new data protection law to come into force on September 1, 2023. This means that the Commissioner can be elected by the United Federal Assembly for the first time as of the 2023 winter session. The Judicial Commission has announced that it plans to elect the Commissioner for the next term of office in the winter session of 2023. In this case, the new term of office of the Commissioner would in principle begin on 1 January 2024 (cf. Art. 44 para. 1, second sentence FADP).
III. Transitional right regarding the possible re-election of the current appointee (para. 2)
6 The current Commissioner was confirmed by the Federal Council on 10 April 2019 for a second term of office until the end of the 51st legislative term on 4 December 2023. He is running for a third (and final) term. The election is to be held by the United Federal Assembly (Art. 43 para. 1 FADP). In the event of a re-election, a start of office on 1 January 2024 would lead to an unintended gap (in particular from a personnel law perspective). This is because between December 4, 2023 and January 1, 2024, the current office holder would not have an employment relationship as an appointee. Consequently, he would in principle also have no rights or obligations arising from the employment relationship (namely no salary entitlement).
7 For the first election by the United Federal Assembly, Art. 72 para. 2 FADP therefore exceptionally advances the start of the term of office to the day after the election. However, this only applies in the case of a re-election of the current incumbent. Admittedly, even this solution does not achieve a seamless transition. However, the current appointee could at least resume his employment as soon as possible. During the transition period, the FDPIC would be headed by the deputy of the appointee.
The opinion expressed reflects the personal opinion of the authorship and does not bind the Federal Office of Justice.
Materials
Botschaft des Bundesrates vom 15.9.2017 zum Bundesgesetz über die Totalrevision des Bundesgesetzes über den Datenschutz und die Änderung weiterer Erlasse zum Datenschutz (BBl 2017 S. 6941).
Bericht der SPK-N vom 27.1.2022 zur parlamentarischen Initiative 21.443 «Verordnung über das Arbeitsverhältnis der Leiterin oder des Leiters des Eidgenössischen Datenschutz- und Öffentlichkeitsbeauftragten» (BBl 2022 S. 345).