Jusletter IT

With the revision of the Data Protection Act – in particular with the extended duty to provide information for data controllers pursuant to Art. 19 (2) nDSG – the legislator hopes to promote transparency in the handling of personal data. To fulfill the stricter obligation, an increased use of data protection declarations on the Internet is to be expected. However, due to their complexity and length, these are hardly ever read or, in rare cases, consulted but not understood by their addressees, who often consist of non-lawyers. Thus, there is a risk that the ratio legis and thus the protection of the rights of the persons concerned are not respected. The article therefore deals with how legal design thinking can contribute to a better implementation of the ratio legis of Art. 19 (2) nDSG when presenting the contents of data protection declarations. It was found that the use of so-called privacy icons in combination with a layered approach seems to be promising, since in this way privacy notices can be presented more clearly and understandably.