¹ The employment of FINMA staff is governed by public law.

² Article 6a of the Federal Personnel Act of 24 March 2000²⁷ applies by analogy.

³ The occupational pension scheme for the staff is governed by the legislation on the Federal Pension Fund.

⁴ The Board of Directors regulates in an ordinance:

a.

the employment of personnel and in particular salaries, additional benefits, working hours, duty of loyalty and termination of employment;

b.

the composition, election and organisation of the Joint Committee for the FINMA Pension Fund.

⁵ The Board of Directors shall submit the ordinance to the Federal Council for approval.

Art. 13a²⁸ Data processing

¹ FINMA shall process, in hard copy or in one or more information systems, the data on its employees necessary for performing the tasks in accordance with this Act, particularly for:

a.

creating, executing and terminating an employment relationship;

b.

personnel and wage management;

c.

personnel development;

d.

performance appraisal;

e.

reintegration measures in the event of illness and accident.

² It may process the following data pertaining to its employees necessary for performing the tasks set out in paragraph 1, including sensitive personal data and personality profiles:

a.

personal details;

b.

state of health details with regard to working ability;

c.

performance and potential information, as well as data on personal and professional development;

d.

data required within the framework of participation in the implementation of social security law;

e.

case files and authorities' decisions associated with work.

³ It shall issue implementing regulations with regard to:

a.

the architecture, organisation and operation of the information system(s);

b.

the processing of data, particularly gathering, storage, archiving and destruction;

c.

data processing authorisations;

d.

the data categories under paragraph 2;

e.

data protection and security.