Privacy notices for property owners

This privacy notice applies to the processing of personal data in connection with land use agreements, easements, usage rights, pipeline rights, project developments and comparable property-related legal relationships of BKW, in particular of: 

• Property owners; 

• Co-owners; 

• Persons entitled to use, lessees, tenants or other authorized persons; 

• Contact persons at companies, corporations, communities of heirs, co-ownership associations or other organizations; 

• Authorized representatives, persons entitled to represent and other contact persons; 

• Contracting parties, project participants, consultants as well as contact persons at authorities, notaries, land registries, surveying offices or service providers; 

• Other persons who come into contact with a property-related project, contract or usage right. 

This privacy notice applies both to BKW's own projects and to projects carried out jointly with third parties or in which BKW companies act as project participants, contractual partners, operators, planners, service providers or other participants. 

The BKW company responsible for data processing is generally the one that initiates, negotiates, concludes, performs, administers the relevant land use agreement or a comparable property-related legal relationship, or communicates with you in this connection. 

If you would like to know which BKW company is responsible in a specific case, or if you would like to contact the specifically responsible company directly, please consult BKW's network of companies. A corresponding list of BKW companies is available at https://www.bkw.ch/en/about-us/the-bkw-group/our-network-of-companies. 

If, in a specific case, several BKW companies or a BKW company jointly with project partners, joint rights holders, co-organizers, operators, planners, or other third parties decide on the purposes and means of processing, they process your personal data as joint controllers. In this case, we will provide you with the essential information on joint controllership, insofar as this is required by law. For data protection matters, you can also contact BKW's data protection office by email ([email protected]) or by post (BKW Management AG, Viktoriaplatz 2, 3013 Bern, Switzerland) with the addition "Data Protection". 

If a data protection officer, a data protection advisor, or a representative in the EU/EEA has been designated for a specific BKW company, the relevant details can be found in the contract, the correspondence, the website of the company concerned, BKW's corporate network, or supplementary data protection notices. 

In connection with land use agreements and comparable property-related legal relationships, we process in particular the following categories of personal data: 

• Master and contact data, e.g. last name, first name, salutation, title, address, email address, telephone number, language and correspondence details. 

• Role, representation and authorization data, e.g. function, role in the project, powers of attorney, signing authorizations, details of representation relationships, co-ownership, joint ownership, communities of heirs, usage rights or other authorizations. 

• Contract and communication data, e.g. contract drafts, contracts, addenda, easement agreements, arrangements, correspondence, meeting notes, minutes, scheduling details, negotiation status, contact persons and other contract-related information. 

• Payment, billing and financial data, e.g. bank details, IBAN, payment information, usage fees, compensation, invoicing and booking data, tax information and payment status. 

• Property, asset and project data, e.g. location details, addresses, parcel numbers, land register details, cadastral and surveying data, site plans, plans, easements, rights and encumbrances, usage restrictions, project-related information, technical details, development data and details on the use or condition of the property. 

• Verification, register and identification data, e.g. proof of ownership, register extracts, land register extracts, commercial register extracts, identification documents, proof of authority to represent, permits, official documents and other evidence. 

• Communication and negotiation data, e.g. conversation notes, email correspondence, telephone notes, feedback, expressions of interest, objections, declarations of consent, minutes and documentation of coordination. 

• Compliance, review and risk data, e.g. information on internal approval, plausibility checks, sanctions, conflict of interest, fraud, corruption or compliance checks, insofar as this is legally permissible and necessary. 

• System and security data, e.g. log data, access logs, metadata, user identifiers and other data generated when using our IT systems, portals or communication channels, insofar as this is necessary for security, traceability and system operation. 

• Consent and preference data, e.g. consents, withdrawals of consent, objections, communication preferences and proof of data protection declarations. 

As a matter of principle, we do not process any particularly sensitive personal data under Swiss data protection law or any special categories of personal data under the GDPR. Should this exceptionally be necessary in individual cases, for example because such information is relevant for a specific project or a legal proof requirement, or is voluntarily communicated by you, we process this data only to the extent permitted by law and, where necessary, on the basis of your explicit consent or another legal basis. 

We receive personal data primarily directly from you or from persons whom you designate as a contact person, authorized person, representative, contact, or other party involved. Where permitted, we may also receive personal data from other sources, in particular from: 

• land registries, cadastral offices, surveying offices, notaries, authorities, and other official bodies; 

• commercial registers, debt enforcement registers, tax registers, and other public registers, insofar as this is necessary and permitted; 

• co-owners, communities of heirs, persons entitled to use, lessees, tenants, representatives, or authorized persons; 

• employers, clients, or organizations that you represent; 

• advisors, experts, specialists, attorneys, notaries, banks, insurers, or other professionally involved bodies; 

• project partners, technical service providers, planning offices, construction and infrastructure companies, operators, or other parties involved in the project; 

• publicly accessible sources such as websites, official publications, maps, plans, geoportals, business directories, media, or professional networks. 

The provision of certain personal data is necessary for the initiation, negotiation, conclusion, performance and administration of a land use agreement or a comparable property-related legal relationship. This includes, in particular, identification, contact, representation, contract, payment, verification and property-related information. 

If you do not provide us with the required data, this may result in us being unable to process enquiries, verify ownership or representation relationships, prepare or conclude a contract, process payments, comply with legal or regulatory requirements, or carry out a project. 

Where we process data for optional purposes, we will inform you of this separately. Failure to consent to optional processing generally has no effect on the conclusion or performance of a contract, insofar as the relevant processing is not required for contract initiation, contract performance, project handling or compliance with legal obligations. 

We process personal data only for specific purposes that are identifiable to you and only to the extent necessary for the respective contract initiation, contract performance, project handling, communication or compliance with legal requirements. 

If the GDPR applies, we base the processing on the legal bases set out below in accordance with Art. 6 para. 1 GDPR. To the extent that special categories of personal data are processed, we also rely on Art. 9 para. 2 GDPR, in particular on your explicit consent or on the establishment, exercise or defence of legal claims, insofar as this is necessary in the individual case. 

Under Swiss data protection law, the FADP does not contain a comprehensive system of individual legal bases like Art. 6 GDPR. The key requirements are in particular the principles of lawfulness, good faith, proportionality, purpose limitation and data security in accordance with Art. 6 and Art. 8 FADP as well as, insofar as processing should constitute an infringement of personality rights, a justification under Art. 31 FADP, in particular consent, overriding private interest, contract performance or a legal basis. 

We process your personal data in particular for the following purposes: 

• Contact, communication and contract initiation. We process personal data in order to answer inquiries, hold discussions, coordinate appointments, exchange information, review project opportunities and carry out pre-contractual measures with regard to a possible land use agreement or a comparable legal relationship. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. b GDPR insofar as the processing is necessary for pre-contractual measures, and otherwise on Art. 6 para. 1 lit. f GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, we rely in particular on Art. 31 FADP. 

• Review of ownership, usage and representation relationships. We process personal data in order to review ownership positions, co-ownership, joint ownership, communities of heirs, easements, rights and encumbrances, usage rights, powers of representation, powers of attorney and other authorisations relevant to contract conclusion and contract performance. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. b GDPR, Art. 6 para. 1 lit. f GDPR and, where legal obligations are concerned, Art. 6 para. 1 lit. c GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, in particular based on Art. 31 para. 1 FADP and, where related to a contract, on Art. 31 para. 2 lit. a FADP. 

• Project review, project planning and land assessment. We process personal data in order to review, assess and plan properties, areas, usage rights, easements, pipeline rights, access routes, sites, technical requirements, project variants, economic framework conditions and feasibility. To the extent that the GDPR applies, we base the processing, depending on the circumstances, on Art. 6 para. 1 lit. b GDPR and Art. 6 para. 1 lit. f GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, in particular based on Art. 31 para. 1 FADP or Art. 31 para. 2 lit. a FADP. 

• Drafting contracts, contract conclusion and contract administration. We process personal data for the preparation, coordination, signing, notarisation, registration, administration, amendment, extension, performance and termination of land use agreements, easements, usage agreements, addenda and comparable contractual documents as well as for the exercise of contractual rights and obligations. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. b GDPR and additionally on Art. 6 para. 1 lit. f GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, in particular Art. 31 para. 2 lit. a FADP. 

• Involvement of project participants, service providers, advisers and authorities. We process personal data in order to involve notary offices, land registries, surveying offices, authorities, planners, experts, technical service providers, legal and tax advisers, banks, insurers, IT service providers and other parties involved, insofar as this is necessary for contract initiation, contract performance, project development, approval, registration or compliance with legal obligations. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. b GDPR, Art. 6 para. 1 lit. c GDPR or Art. 6 para. 1 lit. f GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, in particular Art. 31 para. 1 FADP or Art. 31 para. 2 lit. a FADP. 

• Approval procedures, register entries and communication with authorities. We process personal data insofar as this is necessary for submissions, applications, notifications, approvals, planning or construction procedures, land register transactions, easement registrations, register entries, clarifications with authorities or other communication with public authorities. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. b GDPR, Art. 6 para. 1 lit. c GDPR or Art. 6 para. 1 lit. f GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; insofar as the processing is legally required or justified, in particular based on Art. 31 para. 1 FADP. 

• Compensation, billing, accounting and taxes. We process personal data for the calculation, payment and documentation of usage fees, compensation, costs, charges and other payments as well as for accounting, audit, tax and retention purposes. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. b GDPR for contract performance as well as on Art. 6 para. 1 lit. c GDPR for statutory bookkeeping, tax and retention obligations; additionally, Art. 6 para. 1 lit. f GDPR may apply. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; insofar as the processing is legally required or justified, in particular based on Art. 31 para. 1 FADP. 

• Internal administration, project coordination and governance. We process personal data for internal review, approval, documentation, quality assurance, project management, coordination within BKW, audit preparation and ensuring compliance with legal, regulatory and internal requirements. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. f GDPR and, where legal obligations are concerned, on Art. 6 para. 1 lit. c GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, in particular Art. 31 para. 1 FADP. 

• Compliance, integrity checks and risk management. We process personal data insofar as this is necessary and permissible for reviewing conflicts of interest, sanctions or embargo requirements, corruption prevention, fraud prevention, internal approvals, risk assessments or other compliance requirements. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. c GDPR insofar as legal obligations exist, and additionally on Art. 6 para. 1 lit. f GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, in particular Art. 31 para. 1 FADP. 

• Establishment, exercise or defence of legal claims. We process personal data insofar as this is necessary for the clarification, enforcement, defence or documentation of claims arising from or in connection with a land use agreement, a usage right, a real estate project or another business relationship. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. f GDPR. Insofar as special categories of personal data are exceptionally concerned, Art. 9 para. 2 lit. f GDPR may apply. Under Swiss data protection law, processing is carried out in compliance with Art. 6 FADP; where justification is required, in particular Art. 31 para. 1 FADP. 

• IT security and protection of our systems and processes. We process personal data to ensure the confidentiality, integrity, availability and traceability of our systems, contract management tools, communication channels and processes as well as to prevent misuse, unauthorised access and security incidents. To the extent that the GDPR applies, we base the processing on Art. 6 para. 1 lit. f GDPR, where appropriate additionally on Art. 6 para. 1 lit. c GDPR. Under Swiss data protection law, processing is carried out in compliance with Art. 6 and Art. 8 FADP; where justification is required, in particular Art. 31 para. 1 FADP. 

In connection with land use agreements and comparable property-related legal relationships, we also process information relating to properties, parcels, buildings, facilities, easements, rights of use, rights and encumbrances, register entries, or administrative proceedings. Such information may constitute personal data if it can be attributed to a natural person, for example a landowner or another entitled person. 

We process such data only insofar as this is necessary for the review, planning, negotiation, implementation, administration, or documentation of the relevant contract, project, or legal relationship, or insofar as legal or official requirements provide for this. 

Insofar as we obtain data from public registers, official documents, cadastral, planning, or geodata sources, we observe the applicable legal requirements in each case and process the data only for the purposes stated in this privacy notice. 

In the case of co-ownership, joint ownership, communities of heirs, companies, authorizations or other representation arrangements, it may be necessary to process personal data of several persons involved. This concerns in particular information on ownership status, authority to represent, signing authority, contact responsibility, consent, internal coordination or contract signing. 

If you provide us with personal data of other persons, such as co-owners, members of a community of heirs, authorized representatives, contact persons, family members or other parties involved, please ensure that you are authorized to do so and that these persons are informed about the processing of their personal data, insofar as this is required. 

We may communicate with several persons involved if this is necessary for the review, coordination, negotiation or execution of the contract or project. In doing so, individual details, such as name, role, contact details, ownership status or status of negotiations, may be disclosed to other parties involved, insofar as this is objectively necessary and legally permissible. 

We only disclose your personal data if this is legally permissible and necessary for the stated purposes. Recipients may include in particular: 

• BKW companies, if this is necessary for contract processing, project coordination, administration, compliance, IT, financing, operations, internal services or governance; 

• Co-entitled persons, co-owners, members of communities of heirs, representatives, authorized persons or other persons involved in the project or contract, insofar as this is necessary for coordination, contract conclusion or contract performance; 

• Project and transaction participants, e.g. notaries, land registries, cadastral and surveying offices, authorities, planning offices, surveyors, appraisers, experts, technical service providers, operators, legal and tax advisors, insurers, banks or other professionally involved bodies; 

• Service providers and processors, e.g. for IT, hosting, contract management, support, archiving, communication, security, document management or dispatch; 

• Authorities and public offices, if there is a legal obligation or if this is necessary for contract processing, approval, registration, project implementation or communication with authorities; 

• Courts, parties to proceedings, legal representatives, insofar as this is necessary for the assertion, exercise or defense of legal claims; 

• Acquirers, legal successors, financing or project partners, insofar as this is necessary and permissible in connection with a project, a transaction, a restructuring, financing, a transfer of rights or obligations, or another legitimate business transaction. 

If service providers act as processors for us, we contractually oblige them to comply with the applicable data protection requirements. 

Your personal data may also be disclosed to recipients abroad or processed there, in particular in Switzerland, in the EU or the EEA, as well as in other countries in which BKW companies, service providers, project partners or other recipients operate. 

Depending on the IT, communication, contract management, cloud, support or archiving services used, processing may also take place in countries that, from the perspective of the applicable data protection law, do not ensure an adequate level of data protection. 

If data is disclosed to a country without an adequate level of data protection, we will - where legally required - ensure an adequate level of protection through appropriate safeguards, in particular through standard contractual clauses or other legally recognized mechanisms. Where provided for by law, we may exceptionally also rely on statutory exemptions, for example if the disclosure is necessary for the performance of a contract, you have given your consent, or the disclosure is necessary for the establishment, exercise or defense of legal claims. 

We retain your personal data for as long as necessary for the purposes stated in this privacy notice, in particular: 

• for the duration of the review, planning, contract initiation, negotiation, implementation, administration and follow-up of the respective land use agreement, project or comparable legal relationship; 

• for as long as this is necessary for contract administration, project coordination, management, operation, documentation, communication, billing and evidentiary purposes; 

• during applicable statutory retention, documentation, bookkeeping, tax, register and evidentiary periods; 

• for as long as claims may be asserted or it is necessary for legal defense; 

• where property, easement, register, contract or project documentation is required for operation, safeguarding rights, traceability or long-term administration; 

• for as long as further processing is legally permissible and necessary for compliance, security, audit or governance reasons. 

Once the respective purpose no longer applies, we delete or anonymize your personal data unless there are statutory, contractual or legitimate reasons for further retention. In the case of long-term usage rights, easements, infrastructure projects or comparable legal relationships, longer retention may be required, in particular for as long as rights and obligations exist or must be documented in a traceable manner. 

We take appropriate technical and organizational security measures to protect your personal data against unauthorized access, loss, misuse, manipulation, or unlawful disclosure. These include, in particular, measures such as: 

• Access and entry restrictions; 

• Role and authorization concepts; 

• Logging; 

• Encryption and secure transmission; 

• Ensuring availability and integrity; 

• Confidentiality obligations; 

• Training and internal guidelines; 

• Regular review and adjustment of our security measures. 

Please note that electronic communication and the digital transmission of documents may involve certain risks despite appropriate security measures. Third parties acting under their own responsibility, such as authorities, notary offices, registry offices, banks, insurers, or other project participants, are subject to their own security measures and data protection provisions. 

To the extent that data protection law is applicable, you are entitled in particular to the following rights, subject to the statutory requirements: 

• Access (Art. 15 GDPR; Art. 25 FADP) to personal data concerning you; 

• Rectification (Art. 16 GDPR; Art. 32 FADP) of inaccurate or incomplete data; 

• Erasure (Art. 17 GDPR; Art. 32 FADP) of data, in particular if it is no longer necessary for the purposes pursued; 

• Restriction of processing (Art. 18 GDPR; Art. 32 FADP); 

• Data portability (Art. 20 GDPR; Art. 28 FADP), insofar as the relevant requirements are met; 

• Withdrawal of consents granted with effect for the future (Art. 7(3) GDPR); and 

• Objection to certain processing activities, in particular to processing based on legitimate interests or to direct marketing (Art. 21 GDPR; Art. 32 FADP, where applicable). 

To exercise these rights, you may contact us using the contact details provided in this privacy notice. We may ask you to provide appropriate proof of your identity insofar as this is necessary to process your request. 

In addition, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement. 

If the Swiss FADP is applicable, you may also contact the Federal Data Protection and Information Commissioner (FDPIC). 

In connection with land use agreements, easements, rights of use, utility rights, project developments and comparable real estate-related legal relationships, as a rule no solely automated individual decision-making with legal or similarly significant effect within the meaning of the applicable data protection law takes place. 

To the extent that we use technical systems to support contract management, project planning, document management, communication, compliance, risk assessment, security, analysis or internal approval processes, this is generally not done for the purpose of solely automated decision-making with legal or similarly significant effect concerning you. 

We may analyze project, property, contract and communication data in order to support internal processes, project planning, contract management, compliance and risk management. To the extent that this should constitute profiling within the meaning of the applicable data protection law, this occurs only within the scope permitted by law and not with legal or similarly significant effect, unless we inform you separately. 

As a rule, we do not use artificial intelligence in connection with land use agreements and comparable real estate-related legal relationships in order to make automated individual decisions about you. Should relevant AI use be envisaged in an individual case, we will inform you separately. 

We may amend these data protection notices at any time, in particular if we change our data processing, projects, contracts, systems used, internal processes or legal notices, or if new legal, regulatory or technical requirements make this necessary. 

The current version in each case shall apply. The current version will be made available to you in an appropriate manner, in particular on our website, within the framework of the contractual relationship, in correspondence or in any other appropriate manner. Where required by law, we will inform you separately of material changes.