235.1 Swiss Federal Act on Data Protection $UWLFOH Lawful justification 1 An infringement of privacy shall be unlawful unless it is justified by the consent of the person affected, by an overriding public or private interest or by the law. 2 The overriding interests of the processing person shall in particular be taken into account where the processing person: a) in direct connection with the conclusion or performance of a contract, processes personal data about his contractual partner; b) is in or wishes to enter into commercial competition with another person and processes personal data for this purpose, without disclosing this personal data to a third party; c) processes personal data for the purpose of evaluating the creditworthiness of another person, provided the data is neither sensitive nor constitutes a personality profile, and only discloses such data to a third party in the event that it is required for the conclusion or performance of a contract with the person affected; d) processes data on a professional basis for the sole purpose of publication in the editoriallycontrolled section of a periodically published media organ; e) processes data for non-personal purposes, and in particular in the context of research, planning or statistics, and publishes the results in such a manner that the identity of the persons affected cannot be established; f) gathers data relating to a public person, provided the data concerns his public life. $UWLFOH 1 Data processing by a third party The processing of data may be entrusted to a third party provided: a) the mandating party ensures that no processing occurs that he would not be permitted to carry out himself; b) the processing is not prohibited by a legal or contractual duty of confidentiality. 2 The third party may assert the same grounds of lawful justification as the mandating party. $UWLFOH Claims and legal procedures 1 Legal proceedings or interim measures relating to the protection of the personality are governed by Articles 28 to 28l of the Swiss Civil Code4. The plaintiff in any legal proceedings may specifically request that the personal data be corrected or destroyed, or that its disclosure to third parties be prohibited. 2 In the event that the accuracy or inaccuracy of personal data cannot be established, the plaintiff may request that the particular data be marked accordingly. 3 The plaintiff may request the notification of third parties or publication of the judgement relating to the data or of the correction, destruction, prohibition of communication, or the marking of the data as to its litigious character. 4 The court shall rule on matters relating to the assertion of the right to information in a simple and rapid procedure.5 4 SR  5 Version in accordance with Annex Section 13 of the Jurisdiction Act 24 March 2000, in force since 1st January 2001 (SR ). 5