The concept 🧪
Featness is a website dedicated to the world of sport: diets, advice, training, video lessons… It’s also an Android & iOS application that can be used in the gym to boost muscle development with programmes tailored to each user’s body type and needs.
Our work 🔨
- Website development (tailor-made)
- Marketing and search engine optimisation: SEO/SEA/ASO
- Legal compliance
- Project management
The challenges of this project 💪
Switzerland is not a member of the European Union or the EEA, but it is party to a number of international treaties. How do you ensure legal compliance for a Swiss website and its mobile applications aimed at a European audience?
This was the challenge taken up by our legal team under the direction of a senior lawyer specialising in digital law. We had to bring together French lawyers with Swiss lawyers to solve this problem.
Who can do more can do less!
As the new Swiss LPD 2 was to be aligned with the RGPD, we decided to bring the Swiss site into line with the RGPD in accordance with the recommendations of the French CNIL. A full audit including data mapping and risk analysis was carried out to create a data processing register that complied with the RGPD and the CNIL. Our lawyers had to work closely with web and mobile developers to ensure that the website and all its mobile applications complied with the protection of personal data and cookies, as well as the general terms and conditions of sale and use.
The RGPD classifies certain biometric and health data as sensitive. In this case, the Featness sports coaches need to know your age, height, sex and weight in order to develop tailor-made sports programmes. We therefore had to work with our IT specialists to limit and ensure compliance with the processing of this sensitive personal data. A data breach procedure and staff training have also been put in place to ensure that even in the event of a personal data breach, the impact is lessened and users are warned.
A legal debate on tacit renewal of subscription contracts
The point that divided our French and Swiss lawyers was the subscription contract linked to the site and its applications. We were right in the middle of a topical debate in Switzerland, where tacit renewal of contracts must be subject to prior notification. In France, subscription contracts are renewed naturally by “tacit renewal” without the need for either party to do anything. However, a bill in Switzerland (not yet in force) stipulates that the subscriber must be given between 3 and 1 month’s notice of tacit renewal.
Project link: https://www.fedlex.admin.ch/eli/fga/2019/2375/fr
The Federal Council itself had to give its opinion in an opinion published in 2019: https://www.ejpd.admin.ch/ejpd/fr/home/actualite/news/2019/2019-10-160.html
The debate is still raging in Switzerland, as the press reports: