On this page, we provide you with an overview of the most important aspects of a Supplement for the Use of Personal Data in Switzerland, including the elements to be taken into account when drawing up the supplement.
Subsequently, we will provide you with a legally compliant template of a Supplement for the Use of Personal Data under Swiss law.
… you are using employee data for a particular purpose that goes beyond the usual processing (for example, posting photos of a team retreat on LinkedIn)
… you need written consent for the use of the data of the employees involved, in order to avoid any misunderstanding or because this is required by law
This agreement is a supplement to an employment agreement and complements it with the relevant provisions on the use of personal data, in particular regarding the employees’ consent.
In principle, employers may process employees’ data without their consent, provided this is necessary for the performance of the employment relationship. This applies in particular to data required for administrative processing, efficient operation, or professional assessment, such as salary information or working time records. As a rule, such data may only be processed until the termination of the employment relationship, although longer conservation obligations may result from the law. For other data and/or more extensive purposes (for example, using application documents as samples for future job descriptions), the employers need the consent of the concerned employees.
The employees’ declaration of consent must be voluntary. It is made in this supplement, which furthermore precisely describes the data processed, the intended purpose and type of use, as well as the associated risks. The employees’ consent pertains only to the defined data and purpose and can be withdrawn at any time.
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