Data protection is a matter of trust. With this privacy notice, we inform you how we process personal data in connection with the review, planning, preparation, negotiation, conclusion, performance, management, amendment and termination of land use agreements, easements, rights of use, pipeline rights, project developments and comparable property-related legal relationships.
In this Privacy Notice, you will learn in particular which personal data is processed for which purposes, on what legal basis this takes place, who has access to the personal data, whether personal data is disclosed abroad, how long we retain personal data, what rights you have and how you can contact us if you have any questions about data protection. This Privacy Notice does not form part of any contract, even if it is referred to in a contract, correspondence, negotiation, project document or on a website. We may amend this Privacy Notice at any time in accordance with section 15. To the extent applicable to the processing in question, the Swiss Data Protection Act (FADP), the EU General Data Protection Regulation (GDPR) and, where applicable, other applicable national data protection law shall apply.
This privacy notice applies to the processing of personal data in connection with land use agreements, easements, rights of use, rights of way, project developments and comparable property-related legal relationships, in particular of:
Property owners;
Co-owners;
Persons entitled to use the property, leaseholders, tenants or other authorised persons;
Contact persons at companies, corporations, communities of heirs, co-owner communities or other organisations;
Authorised representatives, persons entitled to represent and other points of contact;
Contractual partners, project participants, advisers as well as contact persons at authorities, notaries’ offices, land registries, surveying offices or service providers;
other persons who come into contact with a property-related project, contract or right of use.
These privacy notices apply both to our own projects and to projects that are carried out jointly with third parties or in which companies of BKW act as project participants, contractual partners, operators, planners, service providers or other parties involved.
The controller responsible for data processing in connection with this privacy notice is:
BKW Energie AG Viktoriaplatz 2, 3013 Bern Contact form
If, in individual cases, we decide on the purposes and means of processing with another BKW company or jointly with project partners, co-beneficiaries, co-organisers, operators, planners or other third parties, 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.
If you have any questions about data protection or wish to exercise your rights, you can contact the following data protection contact point:
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. surname, first name, form of address, title, address, email address, telephone number, language and correspondence details.
Role, representation and authorisation data, e.g. function, role in the project, powers of attorney, signing authorisations, information on representation relationships, co-ownership, joint ownership, communities of heirs, rights of use or other authorisations.
Contract and communication data, e.g. draft contracts, contracts, addenda, easement agreements, agreements, correspondence, meeting notes, minutes, appointment details, negotiation statuses, contact persons and other contract-related information.
Payment, billing and financial data, e.g. bank details, IBAN, payment information, usage fees, compensation, invoice and booking data, tax information and payment status.
Property, object and project data, e.g. location information, addresses, plot numbers, land register information, cadastral and surveying data, site plans, plans, easements, rights and encumbrances, restrictions on use, project-related information, technical details, development data and information on the use or condition of the property.
Evidence, register and identification data, e.g. proof of ownership, register extracts, land register extracts, commercial register extracts, documents for identification, evidence of powers of representation, permits, official documents and other evidence.
Communication and negotiation data, e.g. meeting notes, email correspondence, telephone notes, feedback, expressions of interest, objections, declarations of consent, minutes and documentation of votes.
Compliance, audit and risk data, e.g. information on internal approval, plausibility checks, sanctions, conflicts 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, revocations, objections, communication preferences and evidence of declarations under data protection law.
As a rule, 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 be necessary in exceptional individual cases, for example because such information is relevant for a specific project or statutory evidence or is provided voluntarily 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 primarily receive personal data directly from you or from persons whom you name as a contact person, authorised representative, agent, point of contact or other party involved. To the extent permitted, we may also receive personal data from other sources, in particular from:
land registry offices, cadastral offices, surveying offices, notaries, authorities and other public offices;
commercial registers, debt enforcement registers, tax registers and other public registers, insofar as this is necessary and permitted;
co-owners, communities of heirs, beneficiaries, leaseholders, tenants, representatives or authorised agents;
employers, clients or organisations that you represent;
advisers, experts, appraisers, lawyers, notaries, banks, insurance companies or other professionally involved bodies;
project partners, technical service providers, planning offices, construction and infrastructure companies, operators or other project participants;
publicly accessible sources such as websites, official publications, maps, plans, geodata portals, company directories, media or professional networks.
The provision of certain personal data is necessary for initiating, negotiating, concluding, performing and managing a land use agreement or a comparable property-related legal relationship. This includes in particular identification, contact, representation, contract, payment, evidence-related 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, meet legal or official 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 impact on the conclusion or performance of a contract, provided that the processing in question is not required for contract initiation, contract performance, project execution or fulfilment of legal obligations.
We process personal data only for specific purposes that are recognisable to you and only to the extent necessary for the respective initiation of a contract, performance of a contract, project execution, communication or compliance with legal requirements.
Where the GDPR is applicable, we base the processing on the legal bases specified below in accordance with Art. 6 para. 1 GDPR. Where special categories of personal data are processed, we additionally 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 an exhaustive system of individual legal bases such as Art. 6 GDPR. In particular, the principles of lawfulness, good faith, proportionality, purpose limitation and data security pursuant to Art. 6 and Art. 8 FADP are decisive, as well as, where processing should constitute an infringement of personality rights, a justification pursuant to Art. 31 FADP, in particular consent, overriding private interest, performance of a contract or a legal basis.
We process your personal data in particular for the following purposes:
Contact, communication and initiation of a contract. We process personal data in order to answer enquiries, conduct discussions, coordinate appointments, exchange information, examine project opportunities and carry out pre-contractual measures with a view to a possible land-use agreement or a comparable legal relationship. Where the GDPR is applicable, 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, the processing is carried out in compliance with Art. 6 FADP; where justification is required, we rely in particular on Art. 31 FADP.
Examination of ownership, usage and representation relationships. We process personal data in order to examine ownership status, co-ownership, joint ownership, communities of heirs, easements, rights and encumbrances, usage rights, powers of representation, powers of attorney and other authorisations relevant to the conclusion and performance of the contract. Where the GDPR is applicable, 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, the 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 there is a contractual connection, 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 land, areas, rights of use, easements, line rights, access routes, sites, technical requirements, project variants, economic framework conditions and feasibility. Where the GDPR is applicable, we base the processing, depending on the situation, 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 on the basis of Art. 31 para. 1 FADP or Art. 31 para. 2 lit. a FADP.
Contract drafting, contract conclusion and contract management. We process personal data for the preparation, coordination, signing, notarisation, registration, management, amendment, renewal, 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. Where the GDPR is applicable, 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 notaries, land registry offices, surveying offices, authorities, planners, experts, technical service providers, legal and tax advisers, banks, insurance companies, IT service providers and other parties involved, insofar as this is necessary for contract initiation, contract performance, project development, authorisation, registration or the fulfilment of legal obligations. Where the GDPR is applicable, 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.
Authorisation procedures, register entries and official communication. We process personal data insofar as this is necessary for submissions, applications, notifications, authorisations, planning or construction procedures, land registry transactions, easement entries, register entries, official clarifications or other communication with public authorities. Where the GDPR is applicable, 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 prescribed or justified, in particular on the basis of Art. 31 para. 1 FADP.
Remuneration, 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, auditing, tax and retention purposes. Where the GDPR applies, we base the processing on Art. 6 para. 1 lit. b GDPR for contract performance and on Art. 6 para. 1 lit. c GDPR for statutory accounting, tax and retention obligations; Art. 6 para. 1 lit. f GDPR may also apply. Under Swiss data protection law, the processing is carried out in compliance with Art. 6 FADP; insofar as the processing is prescribed by law 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. Where the GDPR applies, we base the processing on Art. 6 para. 1 lit. f GDPR and, insofar as legal obligations are concerned, on Art. 6 para. 1 lit. c GDPR. Under Swiss data protection law, the processing is carried out in compliance with Art. 6 FADP; insofar as 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 checking conflicts of interest, sanctions or embargo requirements, corruption prevention, fraud prevention, internal approvals, risk assessments or other compliance requirements. Where 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, the processing is carried out in compliance with Art. 6 FADP; insofar as 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 right of use, a land project or another business relationship. Where 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, the processing is carried out in compliance with Art. 6 FADP; insofar as 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, and to prevent misuse, unauthorised access and security incidents. Where the GDPR applies, we base the processing on Art. 6 para. 1 lit. f GDPR, where applicable supplemented by Art. 6 para. 1 lit. c GDPR. Under Swiss data protection law, the 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 land, plots, buildings, installations, easements, rights of use, rights and encumbrances, register entries or official procedures. Such information may constitute personal data if it can be assigned to a natural person, such as a landowner or another entitled person.
We process such data only to the extent that this is necessary for the review, planning, negotiation, performance, administration or documentation of the relevant contract, project or legal relationship, or to the extent that this is required by legal or official requirements.
Where we obtain data from public registers, official documents, cadastral, planning or geodata sources, we comply with the applicable legal requirements and process the data only for the purposes specified in these privacy notices.
In the case of co-ownership, joint ownership, communities of heirs, companies, powers of attorney or other representative relationships, it may be necessary to process personal data of several persons involved. This relates in particular to 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, authorised representatives, contact persons, family members or other parties involved, please ensure that you are authorised 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 performance of the contract or project. In doing so, individual details, such as name, role, contact details, ownership status or negotiation status, 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, operation, internal services or governance;
Co-beneficiaries, co-owners, members of communities of heirs, representatives, authorised persons or other persons involved in the project or contract, insofar as this is necessary for coordination, conclusion of the contract or performance of the contract;
Project and transaction participants, e.g. notaries, land registry offices, cadastral and surveying offices, authorities, planning offices, surveyors, appraisers, experts, technical service providers, operators, legal and tax advisers, insurance companies, 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 this is necessary for contract processing, approval, registration, project implementation or official communication;
Courts, parties to proceedings, legal representatives, insofar as this is necessary for the assertion, exercise or defence of legal claims;
Acquirers, legal successors, financing or project partners, insofar as this is necessary and permissible in connection with a project, a transaction, restructuring, financing, a transfer of rights or obligations or another legitimate business transaction.
Where service providers act as processors on our behalf, we contractually require 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 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 disclosure is made to a country without an adequate level of data protection, we will – to the extent required by law – ensure an adequate level of protection through appropriate safeguards, in particular through standard contractual clauses or other legally recognised mechanisms. Where provided for by law, we may also exceptionally 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 defence of legal claims.
We retain your personal data for as long as this is necessary for the purposes stated in this Privacy Notice, in particular:
for the duration of the review, planning, contract initiation, negotiation, performance, 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, invoicing and evidence purposes;
during applicable statutory retention, documentation, accounting, tax, register and evidence periods;
claims may be asserted or this is necessary for legal defence;
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 anonymise 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 necessary, in particular for as long as rights and obligations exist or must be documented in a traceable manner.
We take appropriate technical and organisational security measures to protect your personal data against unauthorised access, loss, misuse, manipulation or unlawful disclosure. These include, in particular, measures such as:
Access and entry restrictions;
Role and authorisation concepts;
Logging;
Encryption and secure transmission;
Ensuring availability and integrity;
Confidentiality obligations;
Training and internal instructions;
regular review and adjustment of our security measures.
Please note that electronic communication and digital document transmission may carry certain risks despite appropriate security measures. For processing carried out independently by third parties, such as authorities, notaries, registry offices, banks, insurance companies or other project participants, their own security measures and data protection provisions apply.
To the extent that data protection law applies, you have – subject to the statutory requirements – in particular the following rights:
Access (Art. 15 GDPR; Art. 25 FADP) to the 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 they are no longer necessary for the purposes pursued;
Restriction of processing (Art. 18 GDPR; Art. 32 FADP);
Data portability (Art. 20 GDPR; Art. 28 FADP), provided that the relevant requirements are met;
Withdrawal of consent given with effect for the future (Art. 7 para. 3 GDPR); and
Objection to certain processing, 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 can contact us using the contact details provided in these privacy notices. We may ask you to provide appropriate proof of your identity where this is necessary for processing 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, wayleave rights, project developments and comparable property-related legal relationships, no automated individual decision-making with legal or similarly significant effect within the meaning of applicable data protection law generally takes place.
Where 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 making exclusively automated decisions with legal or similarly significant effect in relation to you.
We may analyse 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 applicable data protection law, this is carried out only within the legally permissible framework and without legal or similarly significant effect, unless we inform you separately.
In connection with land use agreements and comparable property-related legal relationships, we generally do not use artificial intelligence to make automated individual decisions about you. If, in an individual case, a relevant use of AI is envisaged, we will inform you separately.
We may amend this Privacy Notice 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 applies. 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 another appropriate manner. Where required by law, we will inform you separately about significant changes.