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Legal Issues in Switzerland

Data Protection and Open Access

Data protection is particularly of interest in the case of the open access publication of research data, or data sharing. In some fields, for example medicine or psychology, data protection in the context of open access is especially important because sensitive personal data may be processed. 

At European level, data protection is regulated by the General Data Protection Regulation (GDPR). As an EU decree law, it must be applied directly. The GDPR therefore takes precedence over national data protection law. In Switzerland, the Federal Act on Data Protection (FADP, SR 235.1) applies. For higher education institutions in Switzerland, the data protection laws of the respective cantons are usually applicable.

Further information on the topic of data protection and research data can be found on the website forschungsdaten.info.