Apologies for the confusion! You are correct. The correct term is Federal Act on Data Protection (FADP) in Switzerland, not DSG. Here is the corrected version: In Switzerland, data protection is a highly complex issue for employees, particularly in connection with consent to data processing.
The legal basis is regulated by the Federal Act on Data Protection (FADP). The consent of employees also plays a central role, especially when it comes to processing personal data that is not necessarily required to fulfill the employment contract.

Employers should be aware that consent must be voluntary, specific, and informed. Understanding the specific requirements of the FADP can help to minimize legal risks and protect employee privacy.

Consent is not just a formal act, but an essential element of data protection practice. For employees, giving consent means granting the employer permission to process their personal data for specific purposes. This consent must be given expressly and must in no way be tacitly accepted. In the context of a working relationship, it is crucial that employees understand the scope and consequences of their consent. Employers are therefore required to provide transparent information and ensure that employees can withdraw their consent at any time.

For consent to be legally compliant, it must meet several requirements. First, consent must be given voluntarily, without any pressure on the employee. Second, it must be formulated clearly and decisively. This means that the purpose of data processing should be described precisely. Third, consent must include all relevant information — the employee must understand which data is being collected and, importantly, why it is being collected. Finally, it must also be clear to the employee that consent can be withdrawn. This information must be provided in simple and understandable language.

One of the biggest challenges is ensuring that consent is actually voluntary, particularly in an environment where there is an imbalance of power between employer and employee. Employees often feel pressured to give consent for fear of negative consequences for their employment. Employers must therefore ensure that consent is granted regardless of the continued existence of the working relationship. In addition, the constantly evolving technology poses new challenges, as new forms of data processing could quickly outpace existing agreements. Regular reviews and updates of consent processes are, therefore, an essential part of data protection.

To obtain effective consent, companies should follow several best practices. It is advisable to provide specific training to ensure that employees fully understand the relevance and consequences of their consent. Written explanations should be clearly drafted and, if possible, offered in multiple languages to overcome any language barriers.

In addition, it should be ensured that consents can be reviewed regularly and renewed when necessary. Companies should also consider alternative legal bases in situations where granting consent may be more complex, such as when fulfilling a contract or in the context of legitimate interest.

Employees have the right to withdraw their consent at any time.
This withdrawal process must be as simple as the process of granting consent. Companies are required to document the withdrawal and ensure that further processing of the relevant data is immediately stopped. Employers should also be prepared to manage the withdrawal without any negative consequences for the employee.

The processes for managing and documenting the withdrawal should be clearly defined and set out in the company's privacy policy.

Improperly obtained consent can result in significant legal disadvantages for companies. Violation of Switzerland's data protection laws may lead to fines and serious damage to a company's reputation. In the event of data breaches, it is crucial that companies can prove they have properly obtained consent.

Careful documentation of each individual consent and its potential revocation is therefore of central importance. Companies should seek regular legal advice to ensure that their procedures meet current requirements.

The process of obtaining consent from employees will become increasingly complex in the future as both technology and the legal landscape continuously evolve.
Companies in Switzerland must remain proactive and be flexible enough to respond to new developments. Regular training and close collaboration with data protection experts will be crucial to ensure that consent processes not only meet legal requirements but also strengthen employee trust. In the future, new legal regulations may be required to address the changing requirements of data processing and the digital working world. It is therefore essential for companies to stay up to date and be able to react quickly to changes.