Federal Act on Data Protection in Switzerland

Meet the FADP requirements and achieve compliance

  • Achieve a FADP-compliant online presence for your website or app
  • Minimize data protection risks and associated fines and penalties
  • Document the collection, storage and use of personal data according to best practices
  • Benefit from privacy-compliant and autonomous solutions with us by implementing a CMP, with the highest possible opt-in rates
  • Turn compliance into real competitive advantage and delight your customers

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What is the Swiss Federal Act FADP?

The new Swiss Federal Act on Data Protection, known as FADP, came into force on September 1, 2023 and updates the Data Protection Act of 1992.

What is the Swiss Federal Act FADP?

The revised Swiss Federal Act on Data Protection (FADP) updates the 1992 Data Protection Act, strengthens citizens' rights regarding the protection of their personal data and introduces new obligations for organizations. It ensures compatibility with the European General Data Protection Regulation (GDPR) and other laws in order to secure the flow of data with the EU and maintain economic opportunities for Swiss companies.

To whom does the FADP apply?

Your company is required to comply with the Swiss Federal Act on Data Protection if it meets the following criteria:

Companies based in Switzerland

Every company based in Switzerland that processes personal data must comply with the provisions of the FADP.

International companies

Companies that are not based in Switzerland but process the personal data of individuals in Switzerland must also comply with the FADP.

Company size

The law applies regardless of the size of the company, i.e. for both small and large organizations.

FADP compliance checklist for websites:

 

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Make sure that your privacy policy is formulated in a clear and easy-to-understand privacy statement to adequately inform consumers.

Before collecting sensitive data or engaging in high-risk profiling, obtain the active consent of the data subjects.

Automate your consent management with a Consent Management Platform (CMP) to be FADP compliant in the long term.

Achieve FADP compliance with DWC

Comply with the consent requirement of Swiss federal law

Unlike the GDPR, the Swiss Data Protection Act (FADP) allows the collection of personal data without active consent (opt-in). However, there are important exceptions where active consent is required:

  • Processing of sensitive personal data
  • Carrying out high-risk profiling in accordance with the criteria of the FADP
  • Transfer of data to third countries without adequate data protection, such as the USA

Regardless of whether any of the above conditions apply, it is necessary to inform consumers about the data collection. This is done through a privacy policy on your website.

Comply with the consent requirement of Swiss federal law

Implement a Consent Management Platform (CMP)

With a Consent Management Platform (CMP), you can inform your consumers about data collection in compliance with data protection regulations. In addition, data protection declarations can be created easily and across all laws, which ensures compliance with various data protection laws such as the FADP and the GDPR. A CMP also makes it easier to actively obtain consent (opt-in) and documents data collection, storage and management.

Some of the benefits of a CMP:

  • Automated processes for data collection, storage, and management.
  • Simple and quick creation of privacy policies.
  • Customization of online presence to comply with the privacy laws of different countries through geolocation.
  • Simplified documentation and proof for authorities.
Implement a Consent Management Platform (CMP)

Create a processing directory

Companies with more than 250 employees are required by law to keep a record of their processing activities. This register serves to comprehensively document the type, purpose and modalities of data processing. Article 12 of the Data Protection Act (FADP) sets out the minimum requirements for the content of the register and provides clear guidelines for both the controller and the processor in order to ensure the protection of personal data.
Create a processing directory

Meet all FADP requirements with a Consent Management Platform (CMP)

What consumer rights apply under the FADP?

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Right to information

Consumers have the right to be informed about what personal data is being processed about them. Companies or controllers must provide information on the purpose, recipients and duration of data processing upon request.

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Right of access

Consumers can request access to their personal data stored by a company. This enables them to check the completeness and accuracy of the data.

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Right to correction & deletion

Consumers have the right to have inaccurate or outdated personal data corrected. They can also request that a company deletes their data, provided there are no legal retention obligations to the contrary.

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Right to object

The right to object under the FADP allows data subjects to object to the processing of their personal data at any time on grounds relating to their particular situation.

We implement the Usercentrics CMP for you

Usercentrics is the world's leading provider of Consent Management Platforms (CMP) and offers companies the optimal solution for handling user data in compliance with the law. As a proud partner of Usercentrics, we have already implemented numerous CMPs for companies around the world that comply with legal requirements.

The CMP integrates seamlessly into any technology stack, providing a customized solution for your business. Our expertise in consent and data management not only enables compliance with data protection regulations, but also optimal interaction with complementary technologies, such as server-side tagging. This ensures comprehensive and efficient data collection for a complete database that can be used specifically for marketing purposes.

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Your benefits of the Usercentrics Consent Management Platform (CMP)

Central consent management

Using a CMP makes it possible to manage all data protection requirements clearly in one place. This helps to maintain an overview and ensure that all processes comply with the requirements.

Global data protection

Usercentrics' CMP enables you to efficiently fulfill data protection requirements in multiple states or countries. With this platform, you can ensure compliance with various data protection laws worldwide by addressing the specific requirements for consumers in the respective regions.

Seamless integration

The CMP from Usercentrics is characterized by its easy integration into common content management systems (CMS) and website builder platforms. In addition, the platform can be extensively customized to your specific requirements to ensure optimal functionality and user-friendliness.

Benefit from our expertise in Consent & Data Management

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Download our free checklist for achieving FADP compliance

Download our free checklist for achieving FADP compliance