The Business and Institutional Register (EAR) is used for statistical purposes and for purposes of public interest relating to individuals.

¹ The Federal Statistics Office (OFS) is responsible for the management of the EAR. It works in cooperation with the statistical services of the Confederation, the cantons and the municipalities and takes into account to the extent possible their wishes. After consulting them, they give them the necessary technical instructions. ¹

² Can participate in the maintenance of the EAR:

A.

The administrative units and the bodies referred to in Art. 2 of the Act;

B.

The statistical services of the cantons and municipalities;

C.

Other public services that carry out tasks of public interest.

D. ²

The Statistical Office of the European Commission (Eurostat) for the statistics of multinational enterprise groups and their units.

¹ The EAR covers all enterprises and establishments, both public and private, having their registered office in Switzerland.

² The EAR contains the following data:

A. ¹

The social reason or name, seat or home, and the address of the business or institution;

B.

The number of the municipality in which the undertaking or establishment is located, according to the "Official List of the Municipalities of Switzerland";

C.

A non-significant registration number (REE number) of the institution;

D.

The number of persons employed on the basis of gender and occupation;

E.

Economic activity;

F.

Legal form;

G.

The date of the registration;

H.

The date of entry in the trade register and the date of cancellation;

I.

The date on which the closure of the business or establishment was known;

J.

The social capital of public limited-liability companies;

K. ²

For enterprises subject to the law of 29 April 1998 on agriculture ³ , to the law of 1 ^Er July 1966 on epizootics ⁴ To the law of 16 December 2005 on the protection of animals ⁵ Or the Act of 9 October 1992 on foodstuffs ⁶ The name and address of the business, the name and address of the operator or breeder, and the name, occupation and year of birth of the person in charge;

K ^Bis . ⁷

For farms: in addition to the data referred to in the let. K, the structure of the operation, the number of large livestock units and the land use data;

L.

For public forestry companies: the wooded area.

M.

A non-significant registration number (number ENTID) of the business unit;

N.

A non-significant reference record number (REF-ENT number);

O.

Activity status codes;

P.

Indication of sources;

Q. ⁸

The Business Identification Number (BRO). ⁹

³ The EAR can contain the following data: ¹⁰

A.

Telephone number;

B.

The e-mail address;

C.

Contact information for buildings;

D. ¹¹

Belonging to areas in the cadastre of agricultural production and planning areas;

E.

The number of apprentices;

F.

The institutional sector;

G.

The structure of the business (company headquarters, branch);

H.

Dealing at arm's length with foreign companies;

I.

Turnover;

J. ¹²

Ancillary data for statistical surveys;

K.

Majority stakes in other companies (expressed as %);

L. ¹³

The indication of whether the unit is importer;

M. ¹⁴

The indication of whether the unit is an exporter. ¹⁵

¹ If required, the EAR may use, in particular, the following additional data:

A.

The identifiers of the sources referred to in s. 4;

B.

Data on transfers made in the sources referred to in s. 4;

C.

Data on the Head of Business, in particular name, year of birth, gender and AVS insurance number;

D.

Data on legal and economic links between businesses and institutions;

E.

Data on employees of the business or establishment, in particular the year of birth, sex, nationality, AVS insured number, ancillary activities, salary or income, and duration of employment.

² No additional data may be exchanged without its source, referred to in s. 4.

The information stored in the EAR comes from the following sources:

A. ¹

Surveys to update the EAR, in accordance with the order of June 30, 1993, for the conduct of federal statistical statements ² ;

B.

Other statistical surveys of businesses and institutions;

C.

The trade register;

D.

The registers of the Confederation, the cantons and the municipalities (RCCC);

E. ³

Communications from the distribution staff of La Poste Suisse;

F.

Public address records,

G.

Communications from institutions, businesses and associations;

H.

Communications from users of registry data;

I. ⁴

Cantonal clearing case (CCC) registers;

J. ⁵

Occupational compensation fund registers (SPCs);

K. ⁶

Private enterprise data banks;

L. ⁷

The register of businesses subject to the value added tax of the Federal Contributions Administration (AFC);

M. ⁸

The CBSA's STOLIS database;

N. ⁹

The Farm, Structural and Contribution Information System (SIPA) of the Federal Office of Agriculture (OFAG);

O. ¹⁰

The OFS IDE register.

The scope and modalities of access to data are set out in the Annex.

¹ THE EGG ¹ Resumes the data, registers them in the EAR and modifies them, after completing the necessary checks. ²

² ... ³

¹ The data are archived for thirty years by the Office responsible for their technical management, after which they are destroyed.

² Data in anonymous form that have been used for statistical purposes may be retained for longer periods.

³ Remains reserved for federal legislation relating to archiving.

¹ The EAR serves as an address record for the OFS statistical survey of businesses and institutions.

² It can be used as a sampling frame for statistical surveys.

³ The SFO uses the EAR in particular as part of statistical studies on enterprises and institutions.

⁴ In order to carry out its statistical work, the SFO may supplement, for a fixed period of time, statistical information using the EAR data, in accordance with the principles set out in Art. 4 of the Act.

¹ To enable the services referred to in s. 2, para. 2, let. A, as well as the cantons and communes to carry out statistical work, the SFO may provide them with the data of the EAR, with the exception of turnover, in accordance with Art. 19, para. 2, of the law.

² For the statistics of multinational enterprise groups and their units, the SFO shall communicate to Eurostat mandatory data according to Art. 5, al, 1 and 11, para. 1, of Regulation (EC) No ^O 177/2008 ² .

³ The format, confidentiality, security and transmission of data that the SFO communicates to Eurostat is governed by Art. 11, para. 3, 12 and 13 of Regulation (EC) No ^O 177/2008 and Regulations (EC) n ^O 192/2009 ³ And (EU) n ^O 1097/2010 ⁴ .

⁴ The SFO may disclose the following data from businesses and institutions to public services and individuals:

A.

Name and address;

B.

Registration numbers;

C.

Number of persons employed on the basis of gender and occupation;

D.

Economic activity;

E.

Legal form;

F.

Class of magnitude;

G.

Activity status codes;

H.

Indication of sources;

I.

Building coordinates;

J.

Belonging to areas of the cadastre of agricultural production and planning areas;

K.

Company structure;

L.

"Importer unit" or "export unit" indications.

⁵ The sustainable use of the data and the terms and conditions of access are set out in the Annex.

¹ The SFO may, in general, communicate the registration numbers, economic activity and the structure of the undertaking if the undertakings concerned do not expressly oppose it. ²

² It may also disclose to public services and individuals, for purposes of public interest relating to persons, the name, address, registration numbers, economic activity, class of size, membership in Areas of the agricultural production cadastre and planning areas, contact details of buildings, indication of sources, indications "importer unit" or "exporting unit", activity status codes, structure of The enterprise, the legal form of enterprises and establishments, the type of business and Of establishment, the changes in the EAR, the data necessary for keeping the register and the data available to the public, if:

A.

These data are essential and are used exclusively for these purposes;

B.

They are not passed on to third parties;

C.

Organizational and technical measures to ensure data protection have been taken. ³

³ The sustainable use of the data referred to in para. 2 and the terms of access are set out in the Annex.

⁴ For the rest, data processing is governed by the provisions of the Federal Act of 19 June 1992 on data protection ⁴ .

¹ The following utilities have access to the EAR information system for statistical purposes:

A. ¹

OFS;

B. ²

The State Secretariat for Economic Affairs (SECO);

C.

The State Secretariat for Migration (SEM) ³ ;

D.

Federal Office for Social Insurance (OFAS);

E.

The Federal Energy Board (OFEN);

F.

Cantonal and statistical offices (OCS);

G. ⁴

The cantonal economic and labour offices (OCET);

H. ⁵

The local and regional offices of the economy and labour (OET);

I. ⁶

The CBSA;

J. ⁷

The Federal Customs Administration (AFD);

K. ⁸

The cantonal offices of agriculture (OCA);

L. ⁹

The Federal Liquor Control Board;

M. ¹⁰

The Swiss National Bank (SNB);

N. ¹¹

The Federal Office for Territorial Development (AER);

O. ¹²

The Federal Office for the Environment (OFEV).

² The following utilities have access to the EAR Information System for other purposes:

A. ¹³

SECO;

A ^Bis . ¹⁴

The OFS for managing the IDE registry.

B.

SEM;

C.

OFAS;

D. ¹⁵

Federal Office of the Environment (OFEV);

E.

OFAG;

F. ¹⁶

The Federal Office for the Economic Supply of the Country (OFAE);

G. ¹⁷

CFOs;

H. ¹⁸

TABs;

I. ¹⁹

The Federal Office for Food Safety and Veterinary Affairs (FVO) ²⁰ ;

J. ²¹

Institute of Virology and Immunology ²² (IVI)

K. ²³

The Federal Food Industry Unit (UFAL);

L. ²⁴

OCA;

M. ²⁵

Cantonal Veterinary Offices (CVBs);

N. ²⁶

RFA;

O. ²⁷

AFD;

P. ²⁸

CCC;

Q. ²⁹

SPCs;

R. ³⁰

The Federal Office for Gender Equality (BFEG);

S. ³¹

Cantonal chemists;

T. ³²

The Federal Coordination Commission for Occupational Safety;

U. ³³

Cantonal Disability Insurance Boards;

V. ³⁴

Federal Office of Public Health (FOPH);

W. ³⁵

Recognized unemployment funds (CCh);

X. ³⁶

The State Secretariat for Training, Research and Innovation (SEFRI) ³⁷ ;

Y. ³⁸

CCCR;

Z. ³⁹

Federal Office of Civil Aviation (OFAC);

Z ^Bis . ⁴⁰

The Federal Communications Office (OFCOM);

Z ^Ter . ⁴¹

ARE;

Z ^Cc . ⁴² The Federal Post Commission (PostCom).

³ The terms and conditions of access and the right to process data are set out in detail in the Annex.

The data contained in the EAR which allow for the deduction of facts relating to a business or establishment must under no circumstances be published, except for the code of economic activity.

¹ As a general rule, the SFO communicates the data from the EAR against emolument.

² The provision of data from the EAR to the services of Confederation and to cantonal or municipal statistics services, as well as to other services performing the tasks of the Confederation, is free of charge.

³ The calculation of the emoluments is based on the provisions of the Order of 30 June 1993 on emoluments for the provision of statistical services of federal administrative units ¹ .

¹ The rights of the data subjects, in particular the right of access to data, rectification and destruction thereof, shall be governed by the provisions of the Federal Law of 19 June 1992 on Data Protection ¹ .

² Inaccurate data must be corrected.

Data security is governed by the Ordinance of 14 June 1993 on the Federal Data Protection Act ² And the September 26, 2003, Order on Informatics in the Federal Government ³ .

The provisions of the law concerning the breach of the obligation to provide information, the violation of secrecy and the criminal prosecution are applicable.

The order of 12 December 1988 on the maintenance of a register of undertakings and establishments ¹ Is repealed.

This order shall enter into force on 1 ^Er August 1993.