{"locale":"en-CH","entries":{"k1046dwv8a5d":"Screenings","k105uup0jpi6":"Federal Health Insurance Act (SR 832.10) on fedlex.admin.ch","k107831uriok":"Release from professional secrecy: only two ways","k10lcipmqt3h":"No. A preventive service paid for by the employer is a private service and is not billed through compulsory health care insurance. It therefore does not trigger a deductible and no co payment applies.","k10msrio8hov":"Federal Act on Human Genetic Testing (SR 810.12) on fedlex.admin.ch","k10oos9tiuyy":"Mobile navigation","k11k4uputdwv":"Chapter 14","k12blg3swkv":"HEALTH PRIME","k12bno2gpqal":"OPA","k12g02vfrqsp":"Stage","k1355zjcfywp":"At a glance","k1381h053h5y":"Directly covered by Art. 321","k13r6b5asipz":"Federal Act on Accident Insurance (SR 832.20) on fedlex.admin.ch","k13zx9cgznob":"Melanoma, cardiovascular, thyroid and vein screening","k141cdbmerbx":"Ordinance on the Prevention of Accidents and Occupational Diseases (SR 832.30) on fedlex.admin.ch","k1438mucvvmp":"Chapter 15","k14y4iiyxl2u":"Who receives which data on a screening day","k14yi1c7tt6f":"Executive Medical Office (for companies)","k156bohpv4uv":"SR 822.113","k15ladmzh6a6":"Yes, expressly named since 1 February 2020","k168ujy46k1l":"Home","k16b7hwq5o8h":"Bowel cancer screening","k178wde6kd6o":"only the aggregated analysis, no participation list","k17rvkludqok":"Terms and conditions","k17w843adpt3":"Breach of professional secrecy is a criminal offence, punishable by a custodial sentence of up to three years or a monetary penalty. The protection does not end with the mandate.","k180xw0zm9dw":"Participation Act, Information and participation","k186m5d07tlo":"Thyroid ultrasound","k18cqek9kwn2":"We inform the persons concerned, when their data is collected, which processors we use and to which countries personal data may be disclosed (Art. 19 FADP). On request, you can obtain this information under the right of access (Art. 25 FADP). Disclosure abroad is governed by Art. 16 to 18 FADP.","k18dvyxfvxht":"Federal Act on Invalidity Insurance, Early detection and early intervention","k18i20b3ps17":"Yes, 'doctors' are named in Art. 321","k18oehnk609f":"no professional group named in Art. 321","k18vy5sdkc1m":"Close menu","k18zwzax50tf":"Chapter 11","k198fpef3w8p":"medical confidentiality, Art. 321 SCC","k19arckjqujx":"SR 832.30","k19dwn5nkqfy":"All legislation is cited in the consolidated version on fedlex.admin.ch, the Confederation's official publication platform. This page was last reviewed in September 2026.","k19lo0nvm9qz":"Federal Act on Invalidity Insurance (SR 831.20) on fedlex.admin.ch","k1a4epr0afn2":"Private Medical Office","k1a7c34f23f0":"Occupational health check-ups compared with voluntary corporate health management","k1alnq1cx6rl":"Get in touch","k1apqoj2n3x":"The employer may not process such data at all. An agreement that departs from this to the employees' detriment is void.","k1awa2i0o7pa":"A cholesterol value, a bowel cancer screening result, a suspicious skin mark, a stress index or a pharmacogenetic profile meets neither test for an ordinary job. The employer therefore may not hold such data in the first place.","k1bb7o76jt6p":"Why consent changes nothing here","k1bemiatoilh":"Constraint","k1cs0atno18c":"It states the legislation cited as at September 2026 and is written for HR, data protection officers, staff committees and employees. The authoritative text is always the version currently in force on fedlex.admin.ch. For a specific case, please consult a lawyer.","k1cujigjpl08":"Back to home","k1dtbu8mg4vx":"This page is an explanation, not legal advice.","k1dvaifvtmt1":"MitwG","k1e5074lng82":"No disclosure to third parties: roles, processors, transfers abroad","k1eeesnj24yt":"No. These people must be bound to secrecy by contract","k1eiwr1ebvuh":"Medical confidentiality: Art. 321 SCC","k1enp7iht18t":"HIA","k1ewtczzra0":"On wording: 'anonymous' does not mean the same as 'the employer receives no individual data'. We therefore say that the employer receives only aggregated, anonymised analyses, and we tell participants that their results belong to them alone.","k1fh2lbau5h7":"Melanoma screening","k1fsq4c3c2vm":"no","k1fstccyxsb0":"Introducing a health programme","k1g6pxavkvid":"SR 235.11","k1g7qt5jbjm3":"Notice","k1gbgddvs6sw":"Mandatory","k1ghpd3rpiho":"an aggregated, anonymised analysis of the measure,","k1gjykyal7za":"Data storage and hosting","k1goeiu3b9vl":"Revised FADP: health data is sensitive personal data","k1gv5tixklj0":"freely available, consent can be withdrawn at any time","k1hmvdon59td":"Ordinance on Human Genetic Testing (SR 810.122.1) on fedlex.admin.ch","k1hvbiqj993s":"Employment Act, Art. 6 Protection of health","k1hvsdnkjyr2":"Disclaimer","k1if7cilxp2k":"You alone decide whether to take part in a screening. If you do take part, the results belong to you. You receive them, and nobody else in your company does.","k1ig588j7lbw":"The short answer for employees","k1il8w5iiddm":"© 2013 - 2026 Health Prime AG","k1illr34yaqj":"Dietitian","k1imv2blso8n":"Disclosure abroad","k1iox4e0olic":"Reports or statistical analyses do not allow conclusions to be drawn about individuals.","k1iqv9b1xxmq":"Optometrist","k1itj9gtenpj":"Germany","k1jlta1g6w8v":"05","k1jukh9u8r9h":"Participation Act (SR 822.14) on fedlex.admin.ch","k1khgxykyshy":"Service","k1ku170s0txe":"IVA","k1kwp8msio2v":"DPO","k1l2ehsqhkhl":"Disclosure of sensitive personal data to third parties counts as a violation of personality rights unless there is a ground of justification.","k1l5idq63wa4":"Vein screening","k1lb2r8jv2pq":"Skip to content","k1lcrvzbfx7f":"an invoice based on aggregated quantities, not on names,","k1ldo35e02qn":"3. Aggregated analysis","k1lhb5g4ov0h":"Data flow on a screening day","k1ltgixz2nlx":"Contents","k1lyw6o0hqhw":"What you receive","k1lzp72styvf":"CO","k1mbcvgx7qg8":"One point should be stated plainly: legal scholarship is not entirely unanimous on whether consent can extend Art. 328b in situations that are solely in the employees' interest. The prevailing view, and the one taken by the FDPIC, is the restrictive one. We follow it.","k1mrhbcwh9g6":"As an employer, you buy a service for your employees, not information about them. This is not a concession but the only lawful structure.","k1n0vred9ovx":"Occupational health check-up","k1n927q29qg6":"Legal notice","k1nb1dywab5u":"Data is, as a rule, not passed on to third parties.","k1nhh0pehk9q":"Federal Health Insurance Act, Art. 26 Prevention, Art. 64 Cost sharing","k1nvop56cfuk":"documents with which you can show internally that the measure has been set up in compliance with data protection.","k1o1zr1dh6mr":"Ordinance on the Prevention of Accidents and Occupational Diseases, Art. 70 ff. Occupational health check-ups","k1oif9jfpcj4":"Data protection and law in corporate health management","k1oly4kh2add":"Service navigation","k1p3dikti16d":"Why disclosure to the employer is presumed to violate personality rights","k1pb9u3xqrwl":"SR 235.1","k1pims7t7ppa":"Genetic Sciences overview","k1pox5kg526g":"Yes, 'optometrists' are named in Art. 321","k1pv351usi1d":"Save as PDF","k1qqdny4rip":"Yes, as 'auxiliary persons', as long as they work under their direction","k1skwefau4j2":"Swiss Criminal Code (SR 311.0) on fedlex.admin.ch","k1stwwlblr4g":"The hard problem: is consent in an employment relationship ever truly free?","k1tk3fezumb2":"What the consent declaration must contain","k1tmklrnlj50":"The legal basis of our commitments","k1toapcsnpjw":"All screenings","k1tu4dezjrur":"The employer / initiator of the measure has no access to individual data.","k1tuxqmgyswh":"SR 832.10","k1tyxh1hl078":"Art. 321 SCC","k1uzq27ibhu9":"EmpO 3","k1v2cswpv11h":"Request a tailored quote for your company straight away.","k1vticocu6x3":"Consent that cannot be withdrawn at any time without consequences is not voluntary and does not cover the processing.","k1w6dyfocbgd":"Company","k1waf48nc054":"Services","k1whnrm1hvth":"Truly anonymised data are no longer personal data and fall outside the FADP. The aggregation must therefore be real, not merely called that.","k1wllgrtbc0":"Doctor","k1wof4ngskik":"Question","k1wubzd3wh2n":"Medical Family Office","k1wugw46ewiv":"Chapter 13","k1x9ppb7b1do":"Federal Act on Accident Insurance, Art. 81 ff. Prevention","k1xk1j9n7ae4":"The revised Federal Act on Data Protection (FADP) has applied since 1 September 2023. Its ordinance has been called the DPO ever since, no longer the VDSG; anyone still writing 'VDSG' in 2026 is working from outdated material.","k1xwy3sb3t2l":"Open menu","k1yb121yhscd":"Voluntary corporate health management screening","k1yc1erqtt4b":"New screenings for 2026","k1yc3vrf3mrm":"Participant data are deleted after a measure has been carried out. Medical data are subject to medical confidentiality. Legally, Art. 6 para. 4 FADP requires deletion or anonymisation as soon as the purpose has been fulfilled. Certain statutory retention duties, for example in the laboratory sector for genetic testing, may take precedence.","k1yhoxvo3hll":"In practice, involving the staff committee early is more than a legal duty: it is the best available proof that participation really is voluntary.","k1ytv0nl9x6c":"Medical Family Office submenu","k1zbw7km3f8x":"Nutrition coaching","k1zrhvsda4uh":"No. Participation lists, appointment schedules and no show notices remain with Health Prime. In a screening context, they reveal who has consulted a medical professional and are therefore themselves health data. The invoice to the employer is based on aggregated quantities, not names.","k1zsrfnbgjd3":"Further official sources","k201dihoypwf":"Facts & Figures submenu","k202qpgmiygh":"More facts on workplace health","k203gosp3kis":"Who falls under Art. 321 SCC in a screening measure","k20a0x4xhisy":"FDPIC, Health","k20i8dxb5iby":"Chapter 5","k20qcwo0pkmx":"Chapter 12","k2184tw5986i":"The fifth commitment is that reports and statistical analyses do not allow conclusions about individuals. This is where most providers become imprecise, so the uncomfortable truth comes first.","k21ihxs4507":"Yes, it is stricter. Under Art. 37 HGTA, employers may neither require genetic testing outside the medical field nor ask for genetic data that are not medically relevant or use such data. Under Art. 56 HGTA, breaches are punishable by a custodial sentence of up to three years or a monetary penalty.","k21sdt4y0iup":"Data protection, medical confidentiality and law in corporate health management – Health Prime","k21v5evhnr1p":"Aggregated analyses and the question of minimum group size","k228acctdezk":"2. Medical professionals","k22gfbw7spjv":"Results flow from the participants to the medical professionals and from there solely into an aggregated analysis. The direct route from the participants to the employer is blocked.","k22iev2a8xoe":"The FDPIC notes that, because of the subordinate relationship, employees can only very rarely consent freely, or refuse or withdraw consent. The convincing answer is not to strengthen the wording of the consent but to stop relying on it to carry the weight.","k22jxv0ljjog":"Health data and genetic data","k22q1c331lws":"bound by Art. 321 SCC","k230p378wk8b":"Professional carrying it out","k235otysn7vt":"SR 220","k23av9f2mvu0":"The question of roles is the most important decision point","k23dmu2fz12h":"anonymised, no link to individuals","k23nlqpuy8ej":"Pharmacogenetics","k241qhc3g5q1":"Screenings submenu","k24emjk4z7o1":"News","k24qvc0tj51e":"Title and version","k24so2kuz1au":"SR 311.0","k24vcn12ia7d":"This is the strongest statement a provider in this market can make: your employer receives no individual results, and that is not our company policy. It is mandatory Swiss law, and not even you can depart from it.","k2592bfajcsw":"SR 822.11","k2669h2dj7k3":"Chapter 8","k26slpk8w9zr":"02","k26vqh4g3wog":"Medical data is subject to medical confidentiality.","k27675d8ty96":"SR 831.20","k27lcvulv1hd":"Data protection, medical confidentiality and law in corporate health management","k28apt2y39ho":"Who sees your employees' health data? The short answer: the employer never does. This page shows, article by article, why in Switzerland this is mandatory law and not our company policy, and what follows from that for the design of a health programme.","k28bq96l6y5r":"Data protection impact assessment","k28d73pzmeli":"Swiss Criminal Code, Art. 321 Professional secrecy","k28s7kkkl7h1":"What you need to observe yourself","k28zmym7agev":"The data flow on a screening day","k29prrcafa3p":"All the previous chapters add up to one picture. This is how data flow on a screening day, and how they do not.","k29rd491eefi":"Main navigation","k29t5lsd716r":"Chapter 3","k29zypdpxv8x":"Ordinance on Data Protection, of 31 August 2022","k2aqnt7v3cqk":"findings from their own examination","k2au3c6x0hmo":"Cited legislation","k2axbqyg8dqz":"WhatsApp Chat","k2b2ald7dqm5":"Pharmacogenetics and epigenetic services to which the HGTA applies (Chapter 11).","k2b3nsgly8b8":"all of their own results","k2b6jo9qzv59":"Sources","k2ba018s86t6":"Federal Act on Data Protection (revised FADP) (SR 235.1) on fedlex.admin.ch","k2cbgdh0qgz9":"Organisational duties that follow","k2cwc8g87mc6":"Participants can withdraw from the measure at any time and have their data deleted.","k2dn5utspn2f":"GUMV","k2dzyo59gb0h":"Data as a table","k2eo6y9tdypf":"A page about the law is only as credible as what it refrains from claiming. Four claims that are often made in this market are ones we do not make:","k2ephbq6vlny":"Legal sources","k2f361snof7w":"blocked","k2f752xwmc8d":"Auxiliary persons of the professionals named","k2fb23bvqwe1":"Frequently asked questions","k2fx9mnoo1eg":"Privacy policy","k2ggeg5f9eru":"analyses cut so small that individuals can be identified.","k2ghbgajyrpz":"Chapter 6","k2gjx4vqx9pa":"metrics with no link to individuals","k2gof9i56c96":"What the employer learns","k2k573c6hhb":"About us","k2kmiv1at0a":"nothing individual, not even the participation list; only aggregated analyses","k2q2xjawudf":"HGTA","k2yoc8u6u97":"attendance lists, appointment schedules or no-show reports,","k347ihwexq5":"This table links the six commitments on our Data security page to the provision from which they follow. The wording of the commitments has been carried over unchanged.","k3n3klnpfiq":"For HR, this is the most useful section of the page. Occupational health check-ups and voluntary corporate health management screenings look similar from the outside but are legally two different things.","k3u47ixqwr0":"Act","k4b1o0v1tsz":"Eye screening","k4o8g548ts2":"Purpose limitation and deletion are legal duties, not goodwill. Whatever is no longer needed must be deleted or anonymised.","k4tlyg5828v":"Copy link","k54xbwzoier":"Code of Obligations, Art. 319 ff. Employment contract","k5p95a7kq8j":"What we do not claim","k611lf6293x":"The legal core","k65vpw92kcd":"Epigenetic coaching","k6fxpbk3eur":"What employers must not do, on pain of criminal penalty","k6sf26gpne9":"individual results, not even with the consent of the person concerned,","k6w9332ff01":"What we commit to, and what it rests on","k7jeyqp2osq":"Legal basis","k7ociu0uxaz":"SR 810.12","k7zqg0dnine":"FADP","k8cxwfzuh3o":"Genetic Sciences submenu","k8dn7dxk1hb":"What it means for your company","k8mfc5k5rfp":"the individual employee, for themselves","k9atmi44x2r":"Art. 328b CO: the limit that even consent cannot move","k9hat8de9fr":"The six commitments in short form. This page is the detailed reasoning.","k9p7vftozx6":"Further reading","k9ufchpt7pe":"4. Employer","kaiywayie5l":"Genetic Sciences","kauen96nkgn":"SR 832.20","kavzsqwxvl2":"The first and the sixth commitment concern the same right from two directions: data are deleted when they are no longer needed, and you can withdraw at any time.","kb8pp5myx8p":"Chapter 2","kbeyr47cihw":"Chapter 10","kc3hgps50pc":"Data protection in corporate health management, article by article: Art. 328b and Art. 362 CO, medical confidentiality under Art. 321 SCC, the revised FADP, the boundary with occupational medicine and Art. 37 to 41 HGTA. With sources and links to fedlex.","kd4ohuyxze4":"Chapter 1","kdps33hei9g":"The business case for corporate health management","kezvwqmwc4a":"The relationship with the Data Protection Act is cumulative: Art. 328b is the employment-law specification of proportionality and purpose limitation, and the FADP applies 'in all other respects'. Art. 328b acts as a limit, not as an enabling provision that would allow the employer more.","kf2oya2o3m8":"Chapter 3 onwards explains why this is not just a promise but the legal position.","kfl4vlyjpe4":"The wording of the six commitments is taken unchanged from our Data security page. Only the legal basis is new on this page: each commitment points to the provision that supports it.","kfuqzhtkmdp":"01","kgikm6vun6z":"Ordinance on Data Protection (SR 235.11) on fedlex.admin.ch","kgil5vj4e56":"'In no case may Article 328b CO be departed from to the detriment of employees, even if they consent.' FDPIC, Datenbearbeitung durch den Arbeitgeber","kgn585zitzr":"Chapter 4","kgss7lfdidg":"The privacy policy of this website, in the legal notice.","kh3eli3ase2":"Contact","kh42f23d590":"Countries","kh5fcys7oj":"Federal Act on Human Genetic Testing, completely revised, in force since 1 December 2022","khd45nb0k37":"Ordinance on Human Genetic Testing, in force since 1 December 2022","khgp4kmsg0f":"Code of Obligations (SR 220) on fedlex.admin.ch","kimqu3jprrh":"04","kimyd3rdqlw":"WhatsApp","kirdoj5lxyu":"03","kisi9ktsb7d":"Who orders it","kj2xn9io3vo":"Employment Act (SR 822.11) on fedlex.admin.ch","kj5472kr8vh":"You are here","kj5hqx0025b":"Clients","kj676vevg9m":"The boundary: occupational medicine and voluntary corporate health management","kj7l8xbhfqh":"Health promotion, mental health and stress management for your employees through corporate health management. We combine innovative pharmacogenetics with practical health solutions.","kj7li4x6gy1":"Chapter 7","kjfhdxh57a4":"Who pays","kjppw3lb8xp":"Chapter 9","kksz2b1dw7h":"Private Medical Office (for individuals)","klkf0y2ptf6":"Approval, no; consultation, yes. Under Art. 10 let. a MitwG and the procedures in Art. 6 EmpO 3 and Art. 6a OPA, employees or their representatives have the right to be consulted and to make proposals on matters of health protection and occupational safety. That is not a veto.","klpk5vjovr5":"Samstagernstrasse 55","klrxju5f796":"Two points that matter more than the number","km1udeqkm7e":"There is no statutory minimum group size","kmfe0csajlf":"info@health-prime.ch","kmk6jpiurug":"Corporate health management in figures: Switzerland 2026","kmkd7bm6s4o":"Workshops and seminars","kn3zgyiyk19":"The duties that actually exist","kn7gj1tici4":"EmpA","ko8r4a4tyyt":"SR 810.122.1","kodmnrywekx":"No. Under Art. 328b CO, the employer may only process data that concern suitability for the employment relationship or are necessary to perform the employment contract. Because Art. 328b is listed in Art. 362 CO, any agreement departing from it to the detriment of employees is void. Consent does not change this.","kokce5pld6q":"Data security","kow7sqvye5g":"Facts & Figures","kp2jsof3d7c":"Cardiovascular screening","kpjwufj8i9u":"And the honest flip side: none of these provisions obliges an employer to offer general preventive check-ups. They require protection against work-related hazards. Voluntary corporate health management goes beyond the statutory minimum. Anyone who claims otherwise is selling compliance anxiety, not giving advice.","kpucwtbj7ua":"Receives","kq420avewrm":"Compliance dossier","kqb738k87eg":"1. Participants","kqsu2pixwbx":"Principles and consent","kqyz70bwgoq":"Executive Medical Office","kr4xyujjqv3":"Ordinance 3 to the Employment Act (Health Protection) (SR 822.113) on fedlex.admin.ch","ksfo335uvyw":"Assistants, practice staff, technical staff","kssn4hwldkn":"Ordinance 3 to the Employment Act (Health Protection), Health protection","kssutum3jvy":"Menu","kt2l97jerm5":"Administration, IT, organisation","kt4mbq7uxmy":"Questions and answers","kt627t5jiqi":"Switzerland","ktx8sa9l6w8":"Legal","kui8zwzdbtt":"the employer, under private law; nothing is billed through health insurance","kuj82eejpf1":"The third commitment is that data are not passed on to third parties as a matter of principle. Legally, it turns on three questions: who is the controller, who is the processor, and where do the data technically flow?","kurb6ez6qoa":"Six commitments","kuy6qug609y":"06","kv6e2aavawz":"Health Prime AG","kv7zue2zbpq":"Disclosure goes unpunished only with the consent of the person entitled or with written authorisation from the superior or supervisory authority, granted on the professional's own application. There is no third way. An employer can neither demand nor obtain such a release. The FOPH also states that professional secrecy continues to apply after death.","kvh1iy1yr8w":"We report figures only for groups large enough that no conclusions can be drawn about individual persons.","kvrt90gmau5":"SR","kvtx45o7cps":"Withdrawal, deletion and your rights","kwcpqxg4db0":"The employer does not even learn who took part. In a screening context, attendance lists are themselves health data.","kwl467owu1a":"SCC","kwsrpwlsgw1":"Commitment","kwurt99ixt7":"Participant data is, as a rule, deleted after a measure has been carried out.","kwvtsud2zgi":"The short answer for employers","kx0bumkgq4a":"Genetic data: Art. 37 to 41 HGTA","kx7slj3mvmh":"What 'voluntary' must mean in law","kxewpk2voz4":"What you never receive","kxsj3gutdp6":"Language","kxy3thfyhgy":"Federal Act on Data Protection (revised FADP), in force since 1 September 2023","ky74vtduk4b":"SR 822.14","kyc82pwtbjn":"Only aggregated, anonymised analyses from which no conclusions can be drawn about individuals. Swiss law prescribes no fixed minimum group size for this; the standard is that of the FADP and the FDPIC, under which re identification may only be possible with disproportionate effort.","kyjg92veavd":"8832 Wollerau","kymf1hv6jp6":"Data protection in corporate health management","kyoacxe5foo":"Involvement of employee representatives","kzs43xb30bo":"Health","kzuplnbtw4p":"AIA","m1028awn55d":"No. Under <0>Art. 328b CO</0>, the employer may only process data that concern your suitability for the employment relationship or that are necessary to perform the employment contract. A screening finding is neither. Because Art. 328b is listed in <1>Art. 362 para. 1 CO</1>, any agreement that departs from it to your detriment is void under <2>Art. 362 para. 2 CO</2>. Your consent therefore cannot shift the boundary.","m107dihe6rqa":"<0>CO</0>","m10gmtxthag6":"<0>1 September 2023</0><1>the revised Federal Act on Data Protection (FADP) has applied since this date</1><2>Source: <3>FADP (SR 235.1)</3>, fedlex</2>","m10nkbkt2b3b":"<0>Art. 6 para. 4 FADP</0>, <1>Art. 6 para. 3 FADP</1>","m1109eumfnne":"<0><1/></0><2>The employer does not even learn who took part. In a screening context, attendance lists are themselves health data.</2>","m118augcqtht":"<0>Art. 5 let. c FADP</0> lists six categories of sensitive personal data. Two of them bear directly on a health programme: 'data on health' and 'genetic data'. All screening results fall into the first category, and all pharmacogenetic and epigenetic analyses into the second.","m11bexmz6a9n":"<0>Art. 5 let. a FADP</0>, <1>Art. 6 para. 4 FADP</1>","m11nm39ulmur":"<0><1>Does anything different apply to genetic testing?</1><2>+</2></0>","m11ql59dr8f9":"<0>The short answer for employers</0>","m11ul5sltb0e":"Even where the check-up is mandatory, then, the employer learns only the result 'fit', 'conditionally fit' or 'unfit', never the medical findings. Suva describes this process in its <0>description of the fitness assessment</0>. If the employer receives only a fitness decision even where an examination can be ordered, it follows that nothing individual may be passed on for a voluntary measure.","m11zpmbfn7b6":"<0>The short answer for employees</0>","m11zu51ipx0v":"Approval, no; consultation, yes. Under <0>Art. 10 let. a MitwG</0> and the procedures in <1>Art. 6 EmpO 3</1> and <2>Art. 6a OPA</2>, employees or their representatives must be consulted early and comprehensively and may make proposals before a decision is taken. That is not a veto. In practice, early involvement is the best proof that participation really is voluntary.","m122tlom48ex":"This gives us a design rule for running a screening station: every measurement must be assigned to a named professional who is responsible under Art. 321, so that supporting staff genuinely count as auxiliary persons. Everyone else involved needs a written confidentiality agreement that survives the end of the engagement. <0>Art. 62 FADP</0> also makes breach of professional confidentiality a criminal offence under data protection law.","m12sbm59r9qo":"<0>Processing regulations and logging</0> under <1>Art. 5 DPO</1> and <2>Art. 4 DPO</2>, triggered by the same thresholds.","m130oowk1xz5":"<0>No incentives that amount to coercion in practice.</0> A small, uniform benefit that does not depend on participation is unproblematic. Bonuses, rankings or benefits tied to results turn consent into a purchase.","m13ntc3x9zur":"<0>Art. 6 para. 6 FADP</0>, <1>Art. 6 para. 7 FADP</1>","m13rjplg2dlr":"yes; the hazardous work may not be carried out without a timely examination (<0>Art. 77 OPA</0>)","m14gnjwlnbmx":"<0>Private Medical Office (for individuals)</0>","m14icjtmb67u":"<0>Switzerland has no occupational reintegration management</0> as German law defines it. There is no duty to start a structured procedure after a set period of incapacity for work. What does exist is early detection and early intervention by the invalidity insurance (<1>IVA (SR 831.20)</1>), the duty of care under <2>Art. 328 CO</2>, and the occupational medical assessment under <3>Art. 3 para. 3 EmpO 3</3>. Companies with a German parent are regularly surprised by this.","m14nox0wrqms":"<0>1. Participants</0><1>2. Medical professionals</1><2>bound by Art. 321 SCC</2><3>3. Aggregated analysis</3><4>anonymised, no link to individuals</4><5>4. Employer</5>","m14z65vkszvy":"<0>Art. 328b CO: the limit that even consent cannot move</0>","m15sej786j64":"<0>Executive Medical Office (for companies)</0>","m15sfwpcavi7":"<0>Access.</0> <1>Art. 25 FADP</1>; requests must be answered within 30 days (<2>Art. 18 DPO</2>).","m165l36fyuaa":"<0>HIA</0>","m16dznzq5r0m":"<0>Art. 328b CO</0>, <1>Art. 362 para. 2 CO</1>","m16vsasjok6x":"<0>IVA</0>","m17fz3yk31p8":"<0>Bowel cancer screening</0>","m17g721znqw9":"<0>Separate, granular consents</0> for participation, storage, use in the aggregated analysis and any genetic testing. A single blanket consent contradicts the requirement of 'specific' processing in <1>Art. 6 para. 6 FADP</1>.","m17v8gvhu2mq":"<0><1/></0><2>The employer receives no individual results. This is not company policy but mandatory law: <3>Art. 328b of the Swiss Code of Obligations (CO)</3> in conjunction with <4>Art. 362 para. 2 CO</4>.</2>","m18hirimh32l":"<0>Art. 5 let. a and Art. 6 para. 4 FADP</0> (SR 235.1), fedlex; FDPIC, <1>Health and data protection</1>","m18hwtxbzhwd":"<0>No participation lists to the employer.</0> Attendance lists, appointment calendars and absence notices are themselves health data in a screening context. Invoicing is based on aggregated quantities.","m18isjn9kgoe":"<0>No pressure, whether direct or indirect.</0> No enquiries from line managers about who took part, no framing as an expectation.","m18y16fbmdyf":"<0><1>Is my health insurer informed, and do I pay a deductible?</1><2>+</2></0>","m193eb64ytl9":"FDPIC, <0>Data processing by the employer</0>; <1>Art. 6 paras 6 and 7 FADP</1> (SR 235.1), fedlex","m19960f7bwyn":"<0>Disclaimer</0>","m19ad7cp64lw":"<0>Notification of data security breaches</0> under <1>Art. 24 FADP</1> and <2>Art. 15 DPO</2>.","m19yrsdjqgbe":"Source: <0>Art. 328b CO and Art. 362 CO</0>, fedlex","m1a5ho1wfi1w":"<0><1>Does the staff committee have to agree?</1><2>+</2></0>","m1af58gcqkur":"<0>Swiss law has no statutory minimum group size for aggregated analyses.</0> Anyone who presents a number as statutory is mistaken. The standard is that of <1>Art. 5 let. a FADP</1> and the FDPIC.","m1b7zqlg0qsk":"<0>Art. 328b CO</0>, <1>Art. 30 para. 2 let. c FADP</1>","m1bdbp2w04a8":"The employer receives no individual results. This is not company policy but mandatory law: <0>Art. 328b of the Swiss Code of Obligations (CO)</0> in conjunction with <1>Art. 362 para. 2 CO</1>.","m1brlzi41kbl":"<0>Withdrawal.</0> Consent that cannot be withdrawn without consequences is not voluntary within the meaning of <1>Art. 6 para. 6 FADP</1>. For genetic testing, <2>Art. 5 para. 2 HGTA</2> expressly provides for withdrawal at any time.","m1cmstfk1tsp":"<0>Legal notice</0>","m1ct1wuszhmf":"<0>Aggregated analyses and the question of minimum group size</0>","m1ctqemcewl0":"<0>Cardiovascular screening</0>","m1ctzino8xoo":"Members of the representative body are bound by a duty of confidentiality that expressly covers the personal affairs of individual employees and continues after they leave (<0>Art. 14 MitwG</0>).","m1d6cgdocia1":"<0>Switzerland</0>","m1d6gxiasa9d":"<0>What happens to my data after the measure?</0><1>+</1>","m1d7hygejiy3":"<0>Clients</0>","m1dsg9q5in7b":"<0>Revocable at any time,</0> before, during and after the measure, with a clear consequence: deletion.","m1exjztmyco5":"<0>Introducing a health programme</0>","m1fczs1s11ez":"<0>Will my employer receive my result if I consent?</0><1>–</1>","m1g9py1b9kcg":"No. A service paid for by the employer is not billed through compulsory health insurance. Neither your deductible nor the co-payment under <0>Art. 64 HIA</0> is affected, and your health insurer learns nothing about the examination. Which preventive examinations basic insurance covers is a matter for <1>Art. 26 HIA</1> and the positive list in the HCBO. This page deliberately says nothing about individual screenings.","m1gp2ntnrecm":"<0>Art. 37, 38, 39, 40, 41 and 56 HGTA</0> (SR 810.12), fedlex","m1h03g36cqu2":"<0>Source: </0><1>Art. 5 let. a and Art. 6 para. 4 FADP</1> (SR 235.1), fedlex; FDPIC, <2>Health and data protection</2>","m1h7l0it1qb0":"<0>Art. 328b CO</0><1>the limit on data processing by the employer, mandatory under Art. 362 para. 2 CO</1><2>Source: <3>Art. 328b CO and Art. 362 CO</3>, fedlex</2>","m1hkd6bpr9al":"<0>Rectification.</0> <1>Art. 32 FADP</1>.","m1ijpf162sbq":"only 'fit', 'conditionally fit' or 'unfit', as a copy of the ruling (<0>Art. 78 para. 1 OPA</0>). The physician sends the findings to Suva (<1>Art. 71 para. 4 OPA</1>), never to the employer","m1ikwcbe2w62":"Source: <0>FADP (SR 235.1)</0>, fedlex","m1in2dglzpir":"<0>Genetic Sciences overview</0>","m1iplpk6ljtp":"<0>Art. 321 SCC</0>","m1ixw9lpxwm3":"Yes, and it is considerably stricter. Under <0>Art. 37 HGTA</0>, employers may neither require genetic testing outside the medical field nor ask for genetic data that are not medically relevant or use such data. <1>Art. 39 HGTA</1> additionally prohibits presymptomatic testing in connection with an employment relationship. Under <2>Art. 56 HGTA</2>, intentional breaches carry a custodial sentence of up to three years or a monetary penalty. Details in <3>Chapter 11</3>.","m1jk2qn1g0mg":"There is no statutory definition of voluntariness for participation in corporate health management. The standard derives from <0>Art. 6 para. 6 FADP</0>, the FDPIC's position on the subordinate relationship, and <1>Art. 328 and Art. 328b CO</1>. Seven verifiable requirements follow from this.","m1jmav4yibma":"<0>Source: </0><1>Art. 328b CO</1> and <2>Art. 362 paras. 1 and 2 CO</2> (SR 220), fedlex; FDPIC, <3>Datenbearbeitung durch den Arbeitgeber</3>","m1l4ks880wgi":"Pharmacogenetics and epigenetic services to which the HGTA applies (<0>Chapter 11</0>).","m1lln90spkp7":"<0>Does the staff committee have to agree?</0><1>+</1>","m1m5d9g2zq6o":"<0>Differencing attacks.</0> Anyone who reports 'Department A: 12 people' and 'Department A without team 1: 9 people' has disclosed team 1. Suppression must be consistent across the whole report and across successive reports, otherwise the link to individuals arises through comparison.","m1mjapwta5i5":"<0>Art. 10 let. a MitwG</0> grants special participation rights on occupational safety within the meaning of <1>Art. 82 AIA</1> and on employee protection within the meaning of <2>Art. 48 EmpA</2>. The reference is to exactly these provisions, not to Art. 6 EmpA.","m1nfkdxmujpp":"<0>Home</0>","m1oaji6gkxjg":"<0>Nutrition coaching</0>","m1of24q4y6s5":"<0>3 years</0><1>maximum penalty for breach of professional secrecy: custodial sentence of up to three years or a monetary penalty</1><2>Source: <3>Art. 321 no. 1 SCC</3>, fedlex</2>","m1oll0vahyn1":"<0>HGTA</0>","m1onf49jldly":"<0>Small businesses.</0> In a company with 15 employees, practically no breakdown is safe. In such cases the output is a single overall figure or no quantitative analysis at all. That is a statement about care, not about capability.","m1oryq3e1eja":"<0><1>Art. 328b CO</1> and <2>Art. 362 paras 1 and 2 CO</2> (SR 220), fedlex; FDPIC, <3>Datenbearbeitung durch den Arbeitgeber</3></0><4/>","m1p2cgpi6ovw":"<0>Melanoma screening</0>","m1ql40xvb0s8":"<0>What we do not claim</0>","m1r643hoenid":"<0>Data security</0>","m1r8hzrbmrco":"<0>Privacy policy</0>","m1rm1xq9jzjk":"<0>FDPIC, <1>Data processing by the employer</1>; <2>Art. 6 paras 6 and 7 FADP</2> (SR 235.1), fedlex</0><3/>","m1sy5pnmzkmt":"<0><1/></0><2>Health data and genetic data are sensitive personal data (<3>Art. 5 let. c FADP</3>) and require express consent (<4>Art. 6 para. 7 FADP</4>).</2>","m1tef8x4uhtm":"<0>FADP</0>","m1tw4tk6iq5e":"<0><1>Art. 321 no. 2 SCC</1> (SR 311.0), fedlex; FOPH, <2>Berufs- oder Arztgeheimnis</2></0><3/>","m1u0m9qdv7kl":"<0><1>Where are the data stored?</1><2>+</2></0>","m1u44tsc8opg":"The commitment on our <0>Data security</0> page applies: participant data are deleted after a measure has been carried out. Legally, <1>Art. 6 para. 4 FADP</1> requires destruction or anonymisation as soon as the purpose of processing has been fulfilled. Certain statutory retention duties may take precedence, for example retention in the laboratory sector for genetic testing (<2>Art. 11 HGTA</2>, <3>GUMV implementing provisions</3>).","m1u7bo4tjdgy":"<0>Art. 30 and Art. 31 FADP</0> (SR 235.1), fedlex","m1ugfbp2oaoi":"<0>Germany</0>","m1ugmoztqmda":"Under <0>Art. 16 FADP</0>, disclosure abroad is permitted only if the Federal Council has recognised the country as providing adequate protection (Annex 1 DPO) or one of the safeguards under Art. 16 para. 2 is in place, such as standard clauses approved by the FDPIC. <1>Art. 17 FADP</1> allows narrowly defined exceptions, including explicit consent. For genetic testing abroad, <2>Art. 29 HGTA</2> additionally requires written consent.","m1upyrwfkhtf":"<0>DPO</0>","m1vv3pn2l8we":"Do not put pressure on people to take part, and do not attach benefits to participation. Both undermine voluntariness (<0>Art. 6 para. 6 FADP</0>).","m1x0ezw28ei":"no statutory duty; based on a contract with the employer and the participant's explicit consent (<0>Art. 6 para. 7 FADP</0>)","m1xih0dubu82":"Medical findings are subject to medical confidentiality (<0>Art. 321 of the Swiss Criminal Code, SCC</0>), which since 1 February 2020 has expressly covered nutritional advice and optometry as well.","m1xnd1naxx99":"The procedure is set out in <0>Art. 6 EmpO 3</0> and <1>Art. 6a OPA</1>: early and comprehensive consultation, a right to make proposals before the decision, and a duty on the employer to give reasons if it does not follow them.","m1xtadap1hcg":"<0>Eye screening</0>","m1y3kwrixep9":"<0><1/></0><2>Medical findings are subject to medical confidentiality (<3>Art. 321 of the Swiss Criminal Code, SCC</3>), which since 1 February 2020 has expressly covered nutritional advice and optometry as well.</2>","m1ykfof9xc3x":"Consult employee representatives early (<0>Art. 10 let. a of the Participation Act (MitwG)</0>, <1>Art. 6 EmpO 3</1>).","m1z4yqvjr62m":"<0>Epigenetic coaching</0>","m1zxapldb8lf":"Source: <0>Art. 321 no. 1 SCC</0>, fedlex","m1zznp9rqxkv":"Medical confidentiality is not a rule of professional etiquette but criminal law. <0>Art. 321 no. 1 SCC</0> threatens disclosure of a professional secret with a custodial sentence of up to three years or a monetary penalty. Liability continues 'even after the end of professional practice or studies'. It is an offence prosecuted on complaint: prosecution requires a complaint from the person concerned.","m2047fxqvns1":"For the individuals concerned, the following also applies: genetic testing requires free and explicit consent given after adequate information (<0>Art. 5 para. 1 HGTA</0>), and that consent can be withdrawn at any time (para. 2). <1>Art. 6 HGTA</1> sets out what the information must cover, and <2>Art. 8 HGTA</2> the right not to know. Only a physician or a professional instructed by them may communicate the result (<3>Art. 26 para. 1 HGTA</3>), and the individual decides for themselves what happens to surplus information (<4>Art. 27 para. 1 HGTA</4>).","m206v7j2g4d6":"EKAS, <0>Directive 6508 (ASA Directive), as at 23 October 2025</0>","m20z0vc6put5":"<0><1>Art. 37 HGTA</1></0> prohibits employers and insurance institutions from requiring genetic testing outside the medical field, from asking for genetic data that are not medically relevant, or from using such data. These prohibitions also apply in liability cases.","m21afvfy9173":"<0>Chapter 3</0> onwards explains why this is not just a promise but the legal position.","m21k72mwzlxb":"<0>The business case for corporate health management</0>","m21q5zvuxniq":"<0><1/></0><2>In the case of genetic testing, employer access is a criminal offence: <3>Art. 37 to 41</3> and <4>Art. 56</4> of the Federal Act on Human Genetic Testing (HGTA).</2>","m21sq1j6ry44":"<0>Art. 6 para. 1 EmpA</0> requires the employer to take all measures to protect health that experience has shown to be necessary, that are applicable given the state of the art and that are appropriate to the conditions of the business, and to protect personal integrity. <1>Art. 2 para. 1 EmpO 3</1> specifies this as physical and mental health. <2>Art. 3 para. 3 EmpO 3</2> requires an occupational medical assessment where there are indications that health is being impaired by the work performed. <3>Art. 5 EmpO 3</3> governs information and instruction, which must take place during working hours and not at the employees' expense.","m222i6lj5voa":"<0>The boundary: occupational medicine and voluntary corporate health management</0>","m228qyyizafn":"<0>Art. 39 HGTA</0>","m233awzoqkdo":"In the case of genetic testing, employer access is a criminal offence: <0>Art. 37 to 41</0> and <1>Art. 56</1> of the Federal Act on Human Genetic Testing (HGTA).","m242d8ftj2p1":"<0>Frequently asked questions</0>","m24c2kk2f3aj":"<0>Art. 60 to 64 FADP</0> make certain violations a criminal offence. In practice two points matter more than the size of the fine: the penalty targets the <1>responsible individual</1>, not primarily the company, and only intentional conduct is punishable. For the exact wording and the amounts, please consult the current version on fedlex.","m24fzwb56sdq":"<0><1>Art. 37, 38, 39, 40, 41 and 56 HGTA</1> (SR 810.12), fedlex</0><2/>","m2536abikek2":"<0>Does anything different apply to genetic testing?</0><1>+</1>","m25k3ch65vw2":"Suva, <0>Fitness assessment in occupational health check-ups</0>","m262jov3h5we":"<0>The data flow on a screening day</0>","m262rfmo13v1":"<0>Pharmacogenetics</0> belongs to the medical field: it assesses the effect of a possible therapy and therefore falls under <1>Art. 19 HGTA</1>. Art. 5 to 7 of the <2>GUMV (SR 810.122.1)</2> govern who may order such tests and make this conditional, among other things, on testing a limited selection of variants and on evidence-based measures being available.","m265rfvhr0wq":"<0>Art. 56 HGTA</0>","m266m12kv160":"Under <0>Art. 30 para. 1 FADP</0>, unlawful violations of personality through data processing are prohibited. <1>Art. 30 para. 2 FADP</1> presumes such a violation in certain cases, including where sensitive personal data are disclosed to third parties (let. c) or processed against the express wishes of the data subject (let. b). Passing an individual screening result to the employer is exactly that case. Under <2>Art. 31 FADP</2> it would need to be justified by consent, an overriding interest or law, and consent fails because of <3>Art. 328b CO</3>.","m26bber1m25u":"For genuine processors, such as an analysing laboratory or a hosting provider, <0>Art. 9 FADP</0> applies. Processing may only take place as the controller itself would be permitted to carry it out; no statutory or contractual duty of confidentiality may prevent it; the controller must satisfy itself that the data are secure; and any onward delegation needs prior authorisation (para. 3, supplemented by <1>Art. 7 DPO</1>).","m26hwywcq3zy":"<0>During working hours and at the employer's expense.</0> This reflects the assessment in <1>Art. 5 para. 3 EmpO 3</1>.","m271x6trublq":"<0>What exactly does my employer see in the reporting?</0><1>+</1>","m28khmrcjdw1":"<0>Art. 321 SCC</0> · <1>rationale</1>","m28q36nqhj08":"The wording of the six commitments is taken unchanged from our <0>Data security</0> page. Only the legal basis is new on this page: each commitment points to the provision that supports it.","m28tpbvkkh70":"<0>AIA</0>","m29cdj1swu1p":"<0>No disadvantage for not taking part,</0> whether in appraisals, bonuses, shift planning or promotion. Non-participants must not be identifiable as such at all.","m2agwdb2rl2c":"We inform the persons concerned, when their data is collected, which processors we use and to which countries personal data may be disclosed (<0>Art. 19 FADP</0>). On request, you can obtain this information at any time under the right of access (<1>Art. 25 FADP</1>).","m2az4znzhhws":"<0>Source: </0><1>Art. 37, 38, 39, 40, 41 and 56 HGTA</1> (SR 810.12), fedlex","m2bi32pekmp":"<0>All screenings</0>","m2cfyv84knfq":"<0>No disclosure to third parties: roles, processors, transfers abroad</0>","m2chs8dveg50":"<0>Pharmacogenetics</0>","m2dlfi5ou9eb":"medical confidentiality, <0>Art. 321 SCC</0>","m2dmg1j7xwlt":"<0>Data protection impact assessment</0> under <1>Art. 22 FADP</1>: required where processing may entail a high risk, which <2>Art. 22 para. 2 let. a FADP</2> assumes for large-scale processing of sensitive personal data. If a high residual risk remains, <3>Art. 23 FADP</3> requires consulting the FDPIC or, alternatively, the organisation's own data protection adviser.","m2ds051x0dw4":"<0>Art. 81 to 84 AIA</0>, <1>Art. 70 to 89 OPA</1>, <2>Art. 3 para. 3 EmpO 3</2>","m2duprzrsbz6":"<0>Art. 362 para. 1 CO</0> lists the provisions from which no departure to the detriment of employees is permitted, whether by agreement or by standard or collective employment contract. Art. 328b is on this list. Under <1>Art. 362 para. 2 CO</1>, deviating agreements are <2>void</2>.","m2e3szjzd5sp":"<0>Data security and privacy by design</0> under <1>Art. 7</1> and <2>Art. 8 FADP</2>, specified in <3>Art. 1 to 4 DPO</3>.","m2e7p1oxw0jp":"Only aggregated, anonymised analyses. Swiss law prescribes no fixed minimum group size for this; the standard is that of <0>Art. 5 let. a FADP</0> and the FDPIC, under which re-identification may only be possible with a disproportionate effort. How we put this into practice is explained in <1>Chapter 7</1>.","m2f3gs0d4gk3":"Suva, by ruling (<0>Art. 70 OPA</0>); the employer must ensure it is carried out","m2fwqplrknco":"<0>Art. 321 no. 2 SCC</0> (SR 311.0), fedlex; FOPH, <1>Berufs- oder Arztgeheimnis</1>","m2fyhnsqc43n":"<0>Who sees my results?</0> The professional who examines you, and you. Not your employer, not your line managers, not the HR department.","m2g58vb1lygo":"One qualification: statutory retention duties can override immediate deletion. In genetic testing, for example, the retention period for laboratories was cut from 30 to 5 years by the revision of 1 December 2022 (<0>Art. 11 HGTA</0> and the provisions of the <1>GUMV (SR 810.122.1)</1>). Where such a period applies, the data are deleted once it has expired.","m2g60ul7l30p":"<0>Source: </0>FDPIC, <1>Data processing by the employer</1>; <2>Art. 6 para. 6 and 7 FADP</2> (SR 235.1), fedlex","m2gjynkfy3z5":"<0>Corporate health management in figures: Switzerland 2026</0>","m2gok2nl65wq":"<0>Withdrawal, deletion and your rights</0>","m2pxq1bpm0p":"<0>Art. 328 CO</0> also applies: the employer must respect the personality rights of its employees and have due regard for their health, taking the measures that are 'necessary according to experience, applicable according to the state of the art and appropriate to the conditions of the business'. This is the employer's duty of care under civil law, and it is the honest argument for workplace health promotion. It is not an obligation to offer screenings.","m3khpgcit4e":"<0>EmpA</0>","m42r7gjgy3u":"<0>The legal basis of our commitments</0>","m4hlkjcjakr":"The minimum content follows from <0>Art. 6 and Art. 19 FADP</0>, <1>Art. 5 and 6 HGTA</1> and <2>Art. 321 no. 2 SCC</2>: who the controller is, and explicitly that it is not the employer; the purpose of each individual examination; what is measured and what data this produces, including possible incidental findings; who receives what; any disclosure abroad, with the country and the safeguard; retention period and deletion; an explicit statement that participation is voluntary and that non-participation has no consequences whatsoever; the right to withdraw at any time; the rights under the FADP; a separate consent for genetic testing; and confirmation that no participation list goes to the employer. A general release from professional secrecy must not form part of it.","m4ucx7o8918":"<0>Epigenetic services</0> are not easy to classify legally. Whether a given epigenetic analysis counts as genetic testing within the meaning of the HGTA and, if so, whether it falls into the medical field (<1>Art. 19 HGTA</1>) or the non-medical field of sensitive characteristics (<2>Art. 31 HGTA</2>) cannot be answered across the board, and the consequences are considerable. In the second case, restrictions on ordering apply, together with a licensing requirement for the laboratory (<3>Art. 35 HGTA</3>) and a ban on communicating surplus information (<4>Art. 33 HGTA</4>). Classification must therefore be clarified for each service individually.","m4w3ctnr93s":"No. Participation lists, appointment schedules and no-show notices stay with us. In a screening context they reveal who has consulted a medical professional and are therefore themselves health data within the meaning of <0>Art. 5 let. c FADP</0>. The invoice to the employer is based on aggregated quantities, not on names.","m522rokeioj":"<0>Can I withdraw?</0> At any time, without giving a reason and without any disadvantage, and your data will be deleted too.","m5fpi1vswe1":"Under <0><1>Art. 56 HGTA</1></0>, intentional breaches of these prohibitions carry a <2>custodial sentence of up to three years or a monetary penalty</2>.","m5iw9p4gnlm":"<0>Genetic data: Art. 37 to 41 HGTA</0>","m5xkdguwu6y":"<0>Will anyone know I was there?</0> No. We do not release attendance lists. That is also why someone who does not take part does not stand out.","m6frqg4nxit":"<0>Menu</0><1><2/></1>","m6iuxv0voy8":"Practical consequence for reporting: in our reading, <0>Art. 37 HGTA</0> read together with the penalty provision of <1>Art. 56 HGTA</1> means that genetic results have no place in employer reporting at all, not even in anonymised form.","m6li8jjjhs7":"<0>Revised FADP: health data is sensitive personal data</0>","m6pntcem9j3":"<0>Is my health insurer informed, and do I pay a deductible?</0><1>+</1>","m7kdfe7x25s":"Do not ask for results. <0>Art. 328b CO</0> does not permit you to process such data, and consent does not cure that.","m7q0kh4dtp8":"<0>Health Prime AG</0><1>Samstagernstrasse 55</1><2>8832 Wollerau</2><3>info@health-prime.ch</3><4>+41 44 250 28 71</4><5>WhatsApp Chat</5>","m7s3c6mnozd":"<0>Data protection in corporate health management</0>","m7vha9dsauh":"<0>Art. 6 para. 6 FADP</0>, <1>Art. 6 para. 7 FADP</1> · <2>rationale</2>","m862t9g8qf1":"<0>Source: </0><1>Art. 30 and Art. 31 FADP</1> (SR 235.1), fedlex","m9ftwjaj200":"<0>Deletion.</0> <1>Art. 6 para. 4 FADP</1> requires data to be destroyed or anonymised as soon as the purpose of processing has been fulfilled.","m9g5cpsqvhw":"<0>Terms and conditions</0>","m9ib2af9xzc":"<0>Will it cost me anything?</0> No. It is not billed through your health insurance, so there is neither a deductible nor a co-payment.","m9rgwckclyg":"<0><1>Will my employer receive my result if I consent?</1><2>–</2></0>","mahsamh109v":"This table links the six commitments on our <0>Data security</0> page to the provision from which they follow. The wording of the commitments has been carried over unchanged.","man62mlevyn":"When we collect your data, we tell you which processors we use and to which countries personal data may be disclosed (<0>Art. 19 FADP</0>). On request, you can obtain this information under the right of access (<1>Art. 25 FADP</1>), see <2>Chapter 6</2>. Disclosure abroad is permissible only on the conditions set out in <3>Art. 16</3> to <4>Art. 18 FADP</4>.","mb1bvcxs8sm":"<0>Art. 328b CO</0>, <1>Art. 362 para. 2 CO</1> · <2>rationale</2>","mbm0rxqvjfb":"<0>Data flow on a screening day</0><1>Results flow from the participants to the medical professionals and from there solely into an aggregated analysis. The direct route from the participants to the employer is blocked.</1><2><3/><4/><5/><6/></2><7><8><9/></8></7><10><11/><12/><13/><14/></10><15><16>1. Participants</16><17>2. Medical professionals</17><18>bound by Art. 321 SCC</18><19>3. Aggregated analysis</19><20>anonymised, no link to individuals</20><21>4. Employer</21></15><22><23/></22><24>blocked</24>","mbumttotsgf":"<0><1>What happens to my data after the measure?</1><2>+</2></0>","mcy4lf7ak75":"<0><1>Art. 30 and Art. 31 FADP</1> (SR 235.1), fedlex</0><2/>","mdgj0lfonq6":"<0>New screenings for 2026</0>","mdj48deil0f":"Genetic testing is subject to its own, stricter regime. The HGTA was completely revised and the new version has been in force since <0>1 December 2022</0>. The articles were renumbered in the process: the employment-law provisions are now <1>Art. 37 to 41</1>. Documents that still cite 'Art. 21 to 25 HGTA' for the employment relationship are out of date.","mdr7zkfo64a":"Swiss law prescribes <0>no fixed minimum group size</0> for aggregated analyses. No statute, ordinance or FDPIC guidance names a number. The standard is qualitative: the FADP applies only to personal data (<1>Art. 5 let. a FADP</1>), and truly anonymised data fall outside its scope. Data are anonymous only if the link to a person has been removed so that re-identification is impossible or would require a disproportionate effort. The FDPIC also points out that linking datasets can restore the personal link in data that appear to be anonymous.","mdte1wxeegr":"<0>What 'voluntary' must mean in law</0>","mdy18ur0niv":"<0>Art. 37 HGTA</0>","mehp9zpuvbl":"<0>Where are the data stored?</0><1>+</1>","mexj8ppq1bd":"This is the most important provision on this page, and it is missing from almost every corporate health management page in Switzerland. <0>Art. 328b CO</0> limits which data an employer may process about its employees at all: only data that 'concern their suitability for the employment relationship or are necessary for the performance of the employment contract'. In all other respects, the Federal Act on Data Protection applies.","mf9w6jme0x4":"<0>Our six commitments</0><1>Save as PDF</1>","mffkbackp2z":"Health data and genetic data are sensitive personal data (<0>Art. 5 let. c FADP</0>) and require express consent (<1>Art. 6 para. 7 FADP</1>).","mfly9l59kqt":"This page explains current Swiss law and is <0>not legal advice</0>. It does not replace an assessment of the individual case and does not create a mandate. All statements reflect the position as at September 2026; the wording of the current version on fedlex.admin.ch always prevails. This page makes no statements on medical content or on the benefit of individual examinations.","mhnaz8qjfzi":"<0><1>Will my employer find out whether I took part at all?</1><2>+</2></0>","mibhsltt0ss":"<0>Art. 30 para. 2 let. c FADP</0>, <1>Art. 9 FADP</1>","micfdjjock7":"<0>Art. 38 HGTA</0>","mikqwvi636i":"<0>Medical confidentiality: Art. 321 SCC</0>","mins0rufhrb":"anonymisation under <0>Art. 6 para. 4 FADP</0>","mj03i1swlez":"<0>OPA</0>","mktpo2gxz2h":"Businesses with 50 or more employees can elect an employee representative body (<0>Art. 3 MitwG</0>); where there is none, the employees themselves hold the rights (<1>Art. 4 MitwG</1>).","mktwxq5ukz3":"FOPH, <0>Professional or medical confidentiality</0>","ml9hah4d9xv":"FDPIC, <0>Data processing by the employer</0>","mlexloi0ksh":"<0><1>Art. 5 let. a and Art. 6 para. 4 FADP</1> (SR 235.1), fedlex; FDPIC, <2>Health and data protection</2></0><3/>","mlhhref2ups":"<0>About us</0>","mlrawxkye5h":"<0>EmpO 3</0>","mm56c0f1zl2":"Text alternative: results originate with the participants (1) and pass to the medical professionals (2), who are bound by medical confidentiality under <0>Art. 321 SCC</0>. An aggregated, anonymised analysis is produced from these data (3), and only that reaches the employer (4). The direct route from the participants to the employer is blocked: it would amount to disclosing sensitive personal data to third parties under <1>Art. 30 para. 2 let. c FADP</1> and to processing beyond the limit set by <2>Art. 328b CO</2>.","mma1exk0epl":"Anyone who names a fixed number is therefore stating their <0>own</0> rule, not a statutory one.","mma39jp95nx":"FDPIC, <0>Health</0>","mmgtv9g0a5v":"<0>Workshops and seminars</0>","mmnql6qolm7":"Employee consent does not shift this limit. An agreement to their detriment is void (<0>Art. 362 para. 2 CO</0>).","mmt0sazad1s":"<0>What happens to my data afterwards?</0> Participant data is deleted after the measure. Medical data is protected by medical confidentiality.","mnezh32k650":"When a company introduces a health programme, employee representatives have a say but no veto. The <0>Participation Act (MitwG, SR 822.14)</0> is titled 'Information and Participation', and that is exactly what it provides: consultation, not co-determination.","mohj08m9fgm":"In occupational safety, <0>Art. 82 AIA</0> requires the necessary measures, and <1>Art. 11a OPA</1> requires occupational physicians and occupational safety specialists to be called in where this is necessary to protect health. <2>EKAS Directive 6508</2> specifies this duty to call them in. One point matters for classification: under <3>Art. 52a para. 2 OPA</3>, compliance with an EKAS directive creates a <4>presumption</4> that the specified provisions have been met. The directive is therefore not directly applicable law, and an equivalent alternative route remains permissible under para. 3.","mox4tfci16u":"<0>SCC</0>","mpb5np2oxt6":"<0>Art. 6 para. 4 FADP</0>, <1>Art. 6 para. 3 FADP</1> · <2>rationale</2>","mpcnt30ima8":"<0>Will my employer find out whether I took part at all?</0><1>+</1>","mqhzoxy4we1":"<0>Record of processing activities</0> under <1>Art. 12 FADP</1>. The SME exemption in <2>Art. 24 DPO</2> expressly <3>does not</3> apply where sensitive personal data are processed on a large scale. A provider that runs screenings across several client companies must therefore keep the record, whatever its headcount.","mqil3ghpdee":"<0>Art. 6 FADP</0> requires lawfulness, good faith, proportionality, purpose limitation, transparency and accuracy. Under <1>Art. 6 para. 4 FADP</1>, personal data must be destroyed or anonymised as soon as they are no longer needed for the purpose of processing. Under <2>Art. 6 para. 6 FADP</2>, consent is valid only if it is given freely, for one or more specific processing operations, after the person has been properly informed; under <3>Art. 6 para. 7 FADP</3>, consent to the processing of sensitive personal data must be <4>explicit</4>. A blanket clause included in the employment contract does not meet that standard.","mqppv3g2shy":"<0>Art. 30 para. 2 let. c FADP</0>, <1>Art. 9 FADP</1> · <2>rationale</2>","mrkpaibzy3a":"<0>Vein screening</0>","mruvw35oaq9":"For screening results, the examining professional and the provider must be the <0>controllers</0>; the employer must be neither a controller nor a recipient. If the provider were set up as the employer's processor, the employer would become the controller of its employees' health data, which collides head-on with <1>Art. 328b CO</1>.","msdjz3jh0b6":"<0>We make no statement on whether individual screenings are covered by basic health insurance.</0> <1>Art. 26 HIA</1> covers only what is expressly listed in the HCBO. What is certain is the reverse: a service paid for by the employer is not billed through compulsory health insurance, so neither the deductible nor the co-payment under <2>Art. 64 HIA</2> applies.","msv98byu74a":"<0>WhatsApp</0><1>Email</1><2>Phone</2>","mszsn0132at":"<0>Involvement of employee representatives</0>","msztxbx91bt":"the employer pays for the safety measures (<0>Art. 90 OPA</0>) and the occupational accident insurance premiums (<1>Art. 91 para. 1 AIA</1>); Suva reimburses travel, accommodation and meal costs as well as loss of earnings (<2>Art. 75 OPA</2>)","mus4ah07hf0":"<0>Duty to inform</0> under <1>Art. 19 to 21 FADP</1>, in a precise, transparent, comprehensible and easily accessible form (<2>Art. 13 DPO</2>).","mv4r98uwg3u":"<0>Source: </0><1>Art. 321 no. 2 SCC</1> (SR 311.0), fedlex; FOPH, <2>Professional or medical confidentiality</2>","mvqx2vn6t2c":"<0>Data release and data portability.</0> <1>Art. 28 FADP</1>.","mvr4ikzvwve":"<0>Art. 328b CO</0> and <1>Art. 362 paras 1 and 2 CO</1> (SR 220), fedlex; FDPIC, <2>Datenbearbeitung durch den Arbeitgeber</2>","mvxqnd79q36":"<0><1/></0><2>Employee consent does not shift this limit. An agreement to their detriment is void (<3>Art. 362 para. 2 CO</3>).</2>","mvxwrsjric2":"<0>Art. 5 let. a FADP</0>, <1>Art. 6 para. 4 FADP</1> · <2>rationale</2>","mw5mno74k4t":"The revised Federal Act on Data Protection (FADP) has applied since 1 September 2023. Its ordinance has been called the <0>DPO</0> ever since, no longer the VDSG; anyone still writing 'VDSG' in 2026 is working from outdated material.","mwb53zuyhy6":"<0>No law obliges employers to offer preventive screenings.</0> <1>Art. 6 EmpA</1>, <2>Art. 2 EmpO 3</2>, <3>Art. 82 AIA</3> and EKAS Directive 6508 require protection against work-related hazards. Voluntary corporate health management goes beyond that.","mwtbnhfjbma":"<0>Contact</0><1><2/></1>","mx69nxabwv2":"<0><1>What exactly does my employer see in the reporting?</1><2>+</2></0>","mxikjjcp0vb":"<0>Thyroid ultrasound</0>","mxj06cnrk4x":"<0><1>Art. 38 HGTA</1></0> permits testing in connection with an employment relationship only to establish characteristics that are relevant at the workplace, and expressly limits the physician's report to whether the person concerned is suitable for the intended activity.","mxl1bp44sw4":"Consent covers only processing <0>for the participant's own benefit</0>. It does <1>not</1> cover disclosure to the employer, because no disclosure takes place. This avoids the <2>Art. 328b CO</2> problem rather than working around it. And because the employer does not learn who took part, there is no mechanism through which anyone could be penalised for not taking part. Structural impossibility is a better compliance argument than a signature.","mxr9cfq7hh9":"<0>Legal sources</0>","my0dhxw3p3x":"Important and little known: the list of professions was extended by the Health Professions Act on <0>1 February 2020</0>. Since then, nurses, physiotherapists, occupational therapists, <1>dietitians</1> and <2>optometrists</2>, among others, have been expressly covered. For a provider with eye screening and nutrition coaching, this is directly relevant.","myc1cocgwkw":"<0><1>Art. 39 HGTA</1></0> prohibits presymptomatic genetic testing in connection with an employment relationship, as well as asking for earlier data of this kind and using them. <2>Art. 40 HGTA</2> allows only one narrowly defined exception, which requires all of the following together: occupational medical coverage, inadequate measures at the workplace and confirmation of relevance by the commission, with the consent of Suva. <3>Art. 41 HGTA</3> governs supervision.","t1fzvydj1vxj":"+{0} {1} {2} {3} {4}"}}