Data protection update - 06/24

Video surveillance checklist

We are pleased to inform you that we have finalised a checklist for video surveillance and that it is now available for use.

This checklist has been developed to provide you with clear and precise guidelines for the use and management of video surveillance systems. It contains information on the necessary measures and organisational processes required for legally compliant and efficient video surveillance.

A central element of the checklist is the risk-based assessment and prioritisation of monitoring measures.

The checklist ensures that all data protection requirements, such as the duty to inform data subjects, are met.

In order to promote the implementation of and compliance with these measures, we recommend a regular review and revision of the measures to ensure compliance with the legal requirements.

We are convinced that this checklist will be a valuable aid in the legally compliant and efficient management of your video surveillance systems.

Information to the police and law enforcement authorities

In the event of criminal investigations or suspicion of criminal offences, all relevant information is collected in order to substantiate or refute the suspicion. This information may also be requested by companies such as yours. However, federal and cantonal authorities, such as the police, require a legal basis to be able to process personal data. When making a request, these authorities specify the legal basis on which they process the data.

Duty to inform

The disclosure of personal data to the authorities is not always recognisable to the person concerned. In the case of overriding public interests, such as the investigation of criminal offences, the obligation to provide information can also be postponed (FADP 20 para. 3 lit. a) so as not to jeopardise the investigation. This public interest also serves as a justification for a violation of privacy in accordance with FADP 31 para. 1. This means that there is no violation of data protection if there is an overriding public interest in clarification.

Legal basis

The disclosure of personal data to the police and criminal prosecution authorities is permitted. In serious cases, case law even permits the utilisation of unlawfully obtained evidence if the public interest in establishing the truth and the usability of this evidence outweighs the interests of the person concerned.

Examination of the request

Before you transmit data to an authority, you should check the authenticity of the request to avoid becoming a victim of fraud. Clarify the following questions

• Does the authority really exist?
• Are the telephone numbers in the cover letter identical to those on the official website?
• Is there a file number? This can be obtained directly from the authority by telephone.
• Are legal bases mentioned?
• Does the authority have a right to the return of the data, e.g. through a court order or a public prosecutor's order?
• Has the obligation to inform the data subject been checked?

Do not provide information by telephone or e-mail, as these can easily be manipulated, and make sure that the enquiry actually comes from the specified authority.

Never pass on data to a foreign authority. This is considered a criminal offence. Refer the foreign authority to the Swiss authorities and the official channels to be followed.

Collective Labour Agreement for the Car Body Industry (CLA)

The topic discussed in the letter from AGVS and carrosserie suisse dated May 2024 concerns the implementation of the declaration of general applicability of the collective employment contract (CEC) for the Swiss car bodywork industry, based on the Federal Council's decision of 6 March 2024. This development could result in significant changes to the current employment relationships for employees in the car bodywork sector.

We have read these documents, identified some points that are relevant to you and are commenting accordingly.

The proposed changes may require adjustments to existing employment contracts. In order to maintain the current working conditions and not have to act in accordance with the provisions of the CLA, there are various options that we will be happy to discuss with you individually. The usually short consultation is usually covered by the "inclusive hours".

Get in touch with Michelle Rabia or RA Volker Dohr.

Impunix Live

The first IPX Live Webinar on 5 June 2024 on the topic of "Recognising legal pitfalls with dealer websites" was a complete success! Our experienced speakers, lawyer Dr Marc Schwenninger and lawyer Volker Dohr, were able to shed light on key legal aspects that operators of brand and dealer websites should consider.

Central topics and learning content:

Imprint: The necessity of a correct imprint and the risks of incorrect information.

Copyright: Dealing with photos and images on the website, including the importance of image rights and licences.

Legal provisions: How general terms and conditions (GTC) must be legally compliant.

Online trade: Legal challenges and best practices for web shops.

Data protection: Important information on cookies and data protection guidelines.

Energy data: What needs to be taken into account when specifying energy efficiency on products.

Customer reviews: The legal pitfalls and responsibilities of publishing reviews.

Many thanks to all participants who took the time to expand their knowledge and strengthen their online presence. We look forward to welcoming you again at future events!

Missed it? Take part in the next Impunix Live on the topic of "Information security - 10 immediate measures for garages":

When? Wednesday, 03 July 2024, 12:15 - 13:00
Where? Online - register with the link "to the webinar"

Speakers: Business IT specialist Micha Strässler and lawyer Volker Dohr
Free participation! Register now and secure your place!
About this webinar: "No garage too small to be a target for hackers", with this title the AGVS media report in AUTOINSIDE 05/24 under the following link about a garage that was the victim of a ransomware attack with subsequent ransom demand. At this point at the latest, information security becomes a matter for the boss! Based on this case, we show you which 10 immediate measures you can take, regardless of your size, in order to be armed against such attacks or, in the best case, to avoid becoming a victim in the first place.

CAS Car Dealership (ZHAW)

We would also like to draw your attention to the CAS Autohaus Management. Impunix is represented there by attorney Volker Dohr as a lecturer at the ZHAW on the subject of data protection. Just as important is the analysis of data and the possibility of targeted marketing. Information and registration: CAS Car Dealership Management