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Non Consent Letter Template for Switzerland

A Non-Consent Letter under Swiss law is a formal document used to explicitly withdraw or withhold consent for specific activities, particularly in relation to personal data processing or other rights protected under Swiss legislation. The document adheres to requirements set forth in the Swiss Code of Obligations (OR), Federal Act on Data Protection (FADP), and relevant provisions of the Swiss Civil Code (ZGB). It serves as a legally binding declaration that can be used to revoke previously given consent or formally document the withholding of consent for future activities, with immediate effect upon receipt by the addressee.

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What is a Non Consent Letter?

The Non-Consent Letter is a crucial legal instrument in Swiss jurisdiction, designed to protect individual rights and ensure compliance with data protection regulations. This document type is commonly used when an individual or entity needs to formally withdraw previously given consent or explicitly document their refusal to consent to specific activities. The letter must comply with Swiss legal requirements, particularly the Federal Act on Data Protection (FADP) and the Swiss Code of Obligations. It's typically employed in situations involving data processing, marketing communications, medical procedures, or any scenario where explicit consent is normally required. The document includes specific details about the scope of non-consent, legal basis, and immediate effect of the withdrawal or withholding of consent.

What sections should be included in a Non Consent Letter?

1. Sender Details: Full name, address, and contact information of the person or entity issuing the non-consent

2. Recipient Details: Full name, address, and other relevant details of the person or entity to whom the non-consent is directed

3. Date: The formal date of the letter

4. Subject Line: Clear identification of the letter as a Non-Consent Notice and specific matter it relates to

5. Specific Matter: Detailed description of what consent is being withheld or withdrawn from

6. Legal Basis: Reference to relevant legal provisions supporting the right to withhold or withdraw consent

7. Immediate Effect: Statement declaring the immediate effect of the non-consent

8. Formal Closure: Formal closing of the letter with signature block

What sections are optional to include in a Non Consent Letter?

1. Previous Communications: Reference to any previous relevant communications, if applicable

2. Consequences: Outline of expected actions or consequences following the non-consent

3. Time Limitations: Any specific time periods or deadlines related to the non-consent, if applicable

4. Copy Recipients: List of other parties to be copied on the letter, if any

5. Data Deletion Request: Request for deletion of personal data, if the non-consent relates to data processing

6. Prohibited Actions: Specific list of actions that are prohibited under the non-consent

What schedules should be included in a Non Consent Letter?

1. Proof of Identity: Copy of identification documents to verify the sender's identity

2. Previous Consent Documentation: Copies of any previous consent documents that are being withdrawn

3. Supporting Documentation: Any relevant supporting documents that strengthen the non-consent position

4. Power of Attorney: If the letter is being sent by a representative, documentation proving their authority to act

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Consent Form

Cost

Free to use

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