This privacy policy (hereinafter DSE) describes how and for what purpose BKW Energie AG (hereinafter BKW) collects, processes and uses personal data when using digital electricity meters (so-called smart meters), as well as when providing services relating to grid usage, grid connection and the supply of electrical energy to end consumers in the basic supply.
Smart meters measure the consumption of electricity, gas, heat and water at a specific metering point and record the period of this consumption. In the area of electricity supply, the use of smart meters is legally required in accordance with the service mandate under electricity supply legislation. Smart meters are required or indispensable for the fulfilment of these tasks, and their use does not require the consent of customers. BKW considers the responsible handling of customer data to be an important concern. The protection and security of personal data are ensured through regular reviews and adjustments of the security measures.
Data protection is a matter of trust, and customer trust is important to BKW. In this privacy statement, BKW customers will learn, among other things, which personal data is collected, processed and used for which purposes, who has access to the personal data, what benefits data processing offers customers, when personal data is deleted, what rights customers have regarding their own personal data, and whom they can contact at BKW with any concerns about data protection.
BKW is responsible for the data processing under this Privacy Policy, unless otherwise communicated in individual cases. Customers may contact the Data Protection Advisor in writing (BKW Energie AG, Viktoriaplatz 2, 3013 Bern) or by email (datenschutz@bkw.ch) regarding data processing or data protection, or contact BKW by telephone at +41 844 121 113.
BKW processes data exclusively on the basis of the applicable law. Processing is subject in particular to the Federal Act on Data Protection (FADP) as well as the Data Protection Ordinance (DPO) and the Federal Electricity Supply Act (EleSA) as well as the Electricity Supply Ordinance (ESO). BKW reserves the right to amend this privacy policy at any time. The version published at bkw.ch/en/privacy-policy shall apply in each case.
Personal data (hereinafter also referred to as "data") is information that can be associated with a specific person. In order to fulfill its duties as a distribution system operator, BKW also records load profile values of fifteen minutes and more in accordance with Art. 8d para. 1 StromVV. Personal data is generally collected via the installed smart meters and/or through direct transmission by the customers themselves. In certain cases, the data may be collected from additional sources.
This concerns in particular information that BKW receives as part of the legally prescribed data exchange with other distribution system operators and market participants or in the context of administrative or judicial proceedings. BKW processes personal data in accordance with this DSE for the following purposes set out below.
BKW collects data in pseudonymized form, including load profile values of fifteen minutes and more, for:
the measurement, control, and regulation of the distribution network;
the use of tariff systems;
the safe, high-performance, and efficient operation of the network, including within the framework of the use of flexibility;
network balancing; and
network planning.
BKW collects data in non-pseudonymized form, including fifteen-minute load profile values and more, for:
the billing of energy supply and network usage charges;
compensation for the use of control and regulation systems in connection with the use of flexibility;
the provision of consumption values, including in the customer center;
providing information to customers in connection with optimization options;
the presentation of specific services within the scope of regulated network operations; as well as
invoice details and consulted auxiliary persons.
As a distribution system operator, BKW does not process personal data for services that go beyond network and metering point operations.
BKW employees have access to customers' personal data insofar as this is necessary for the described purposes and the activities of the respective employees. These employees act in accordance with BKW's instructions and are trained and obligated to maintain confidentiality and secrecy in handling personal data. BKW may disclose the personal data collected in accordance with this Privacy Policy to the following recipients:
to the respective contractual partners;
to group companies of the BKW Group;
to service providers and business partners; and
to third parties, insofar as BKW is legally obliged or entitled to do so.
In accordance with the Electricity Supply Ordinance, BKW discloses the personal data collected via smart meters in pseudonymized or suitably aggregated form to recipients who require the metering data and information from the smart meters for the following purposes:
grid operation;
balance management;
energy supply;
the calculation of grid usage charges;
billing processes in connection with energy legislation;
direct marketing;
the use of intelligent control and regulation systems; and
supplier switching.
In accordance with the Electricity Supply Ordinance, BKW also passes on the data collected by smart meters that are required for assigning the metering data to customers (such as energy suppliers).
An automated individual decision refers to business-relevant decisions that are made automatically and without significant human influence and that are associated with a legal consequence for customers or adversely affect them. No automated individual decisions are made via smart meters. Data is supplied exclusively for the purposes defined in section 3 of this DSE.
BKW stores data for as long as the applicable legal requirements or the purpose of the processing require. The duration of retention is therefore determined by legal and internal regulations. In doing so, BKW takes into account retention obligations and the need to safeguard its own interests (e.g. for the enforcement or defence of claims and to ensure IT security). If the processing purposes mentioned above have been fulfilled or are no longer relevant, BKW deletes or anonymises personal data, provided that there is no retention obligation. Depending on the legal basis, the retention period may exceed ten years.
Documentation and evidentiary purposes take BKW’s interest into account. This consists in being able to document processes, interactions and other facts in the event of legal claims and discrepancies. Retention may also be necessary for technical reasons if certain data cannot be separated from other data. In this case, data that are not subject to statutory retention obligations may also be retained.
BKW takes appropriate security measures of a personnel, technical and organizational nature to safeguard the security of data, protect customers against unauthorized or unlawful processing and counter the risk of loss, accidental alteration, unintended disclosure or unauthorized access.
These security measures include, among other things:
- encrypting and pseudonymizing data;
- logging data;
- implementing access restrictions;
- storing backup copies;
- training employees; and
- regularly reviewing the security measures.
In addition, BKW requires the suppliers, service providers and contractors it engages to take appropriate security measures in line with the state of the art. Like all companies, BKW cannot completely rule out data security breaches, and certain residual risks are unavoidable.
The components of an intelligent metering system (hardware and software) must meet strict data security requirements. Compliance with these requirements is reviewed by the Swiss Federal Institute of Metrology METAS and confirmed by means of certification. The transmission of data in BKW’s intelligent metering system is encrypted and pseudonymized, so that no direct conclusions about the customer can be drawn at this level.
Customers have various rights to control BKW's processing of personal data. Provided the requirements of the applicable law are met, customers and other data subjects have in particular the following rights:
- Information about their own data;
- Correction of inaccurate or incomplete data;
- Deletion of their own data; and
- Complaint about the way data is processed.
In the event of exercising a right, customers must contact BKW in writing and provide identification. These rights are subject to legal requirements and restrictions and therefore cannot be exercised in every case or without limitation. BKW will provide information in the specific case if exceptions apply. These rights may also be exercised vis-à-vis other entities that cooperate with BKW under their own responsibility.
Customers are free to lodge a complaint with a competent supervisory authority if there are justified concerns as to whether the processing of personal data complies with the law.
In the processing of personal data, BKW relies in particular on the following legal bases:
- the requirement to comply with legal provisions, in particular the obligations as a distribution network operator under federal legislation (in particular StromVG and StromVV);
- the performance of a contract or pre-contractual measures upon request;
- the consent of the customer, where consent is required; and
- its own legitimate interests (e.g. customer support or the defence of legal claims).
There is an obligation to disclose personal data to BKW where this concerns the fulfilment of the statutory basic supply mandate or where there is a contractual relationship with BKW that gives rise to such an obligation. In addition, BKW collects and processes the personal data that are necessary or legally required for the initiation and handling of a contractual relationship and for the fulfilment of the associated obligations. Otherwise, BKW cannot conclude or continue the relevant contract. In communication with BKW and its customers, the personal data arising in this context must necessarily be processed.