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Art. 328b – When handling personal data

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Art. 328b129

The employer may handle data concerning the employee only to the extent that such data concern the employee’s suitability for his job or are necessary for the performance of the employment contract. In all other respects, the provisions of the Data Protection Act of 25 September 2020130 apply.131

  1. 129 Inserted by Annex No 2 to the FA of 19 June 1992 on Data Protection, in force since 1 July 1993 (AS 1993 1945; BBl 1988 II 413).
  2. 130 SR 235.1
  3. 131 Second sentence amended by Annex 1 No II 18 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Legal act context
SR 220 · CO · Federal act · Federal Act of 30 March 1911 on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations)
Structure path
Division Two: Types of Contractual Relationship Title Ten: The Employment Contract Section One: The Individual Employment Contract C. Obligations of the employer VII. Protection of the employee’s personality rights 3. When handling personal data
Language
English (en)
Data status
2026-01-01

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