Is a data protection impact assessment (DPIA) required? Free Swiss FADP and GDPR check

A data protection impact assessment is needed when processing may result in a high risk for the people concerned. Tick the signs that apply to the processing you are planning.

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The processing…
Are you required by law to carry out this processing?

For example a hotel registering its foreign guests.

For this processing, do you use a certified system, product or service, or comply with a code of conduct?

Only a certification under Art. 13 FADP or a code of conduct that meets Art. 22 para. 5 FADP.

The answer

Answer the questions to see the answer.

What the law says

The FADP requires a data protection impact assessment when processing may result in a high risk to the personality or fundamental rights of the data subjects, which depends in particular on the use of new technologies (Art. 22 paras 1 and 2 FADP). A high risk exists in particular in two cases: the large-scale processing of sensitive personal data and the systematic monitoring of extensive public areas (Art. 22 para. 2 FADP).

The GDPR adds systematic and extensive evaluations with automated decisions that produce significant effects (Art. 35 para. 3 GDPR); the European authorities use criteria such as the vulnerability of the data subjects, systematic monitoring and the combination of data. The tool counts these signs: one of the cases named in the law, or two criteria, make an assessment likely.

What an assessment contains

  • a description of the planned processing;
  • an assessment of the risks for the data subjects;
  • the measures to protect them.

Related questions

Useful templates

General guidance, not advice on your case: for your case the text of the law is what counts, and the assessment remains yours.