The new Federal Act on Data Protection (FADP) is a major reform in Switzerland that came into force in 2023. It aims to modernise Swiss legislation on the protection of personal data in order to bring it into line with European standards, in particular the General Data Protection Regulation (GDPR). The act applies to all Swiss companies that handle personal data, including those in the medical and dental sector, and imposes strict requirements in terms of security, confidentiality and transparency.
In the medical field, and particularly in dentistry, the data processed is often highly sensitive (medical records, treatment histories, examination results, etc.). The FADP imposes specific obligations to ensure that this data is adequately protected.
All collection and processing of data must be carried out lawfully, in good faith and transparently, for purposes the patient can recognise. Using their data for purposes other than their care, for example passing it on to a third party not involved in the treatment, in principle requires their consent, which must be explicit for health data (Art. 6 para. 7 FADP).
Medical data must be exchanged by e-mail only through secure platforms. Standard e-mail is generally not considered secure enough for transmitting sensitive data. Encrypted systems that comply with security standards are required to guarantee the confidentiality of exchanges.
Data must be stored on secure systems that are regularly updated to guard against cyberattacks. Servers must be protected by firewalls and antivirus software, and regular backup measures must be put in place to prevent any loss of data.
Patients must be clearly informed about how their data is used and about their rights of access, correction and erasure. They must be able to know who has access to their data and why.
Dental practices must document all the measures taken to protect patient data, and be able to demonstrate their compliance in the event of an audit. This includes putting internal data protection policies in place and training staff in security practices.
Failure to comply with the FADP can have serious legal and financial consequences for companies, including in the dental sector. The risks include:
To support you in these steps, DentalSystems offers a full range of IT services specialised in the dental sector.
Contact us today to discuss your needs and make sure your practice complies with the FADP.