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Art. 38 Implementation provisions
1 The Federal Council shall enact provisions for the implementation of this Act. In particular, it shall determine: a. the specifics of the declaration procedure (art. 10); b. the list of particularly sensitive personal data and the categories of data to be processed under Article 28, as well as their retention periods; c. the required terms and conditions of contracts by a federal authority for the services of a company. 2 It shall appoint the competent authority.
Para. 1 let. b — Amended by Annex No II 2 of the FA of 18 Dec. 2020 on the Processing of Personal Data by the FDFA, in force since 1 Dec. 2021 (AS 2021 650; BBl 2020 1349).
Art. 39 Transitional provision
1 Any activity subject to declaration under this Act, and which is being carried out at the time of the Act’s entry into force, must be declared to the competent authority within three months of the commencement date of this Act. 2 Where the competent authority initiates a review procedure, it shall inform the company as to whether it must provisionally refrain, in full or in part, from carrying out the declared activity. 3 Where the competent authority intends to prohibit an activity that is being carried out at the time of this Act’s entry into force, and which the company concerned plans to continue, the authority may grant the company a reasonable period of grace in order to achieve compliance with the statutory provisions.
Art. 40 Referendum and commencement.
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement Date: 1 September 2015
Para. 2 — FCD of 24 June 2015.