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Compliance guide · Switzerland

Startup compliance in Switzerland: the revised FADP.

The revised Federal Act on Data Protection in force since September 2023, personal criminal liability, the Swiss–US Data Privacy Framework and Switzerland’s approach to AI.

Switzerland is outside the EU but closely aligned with it: the revised Federal Act on Data Protection (FADP) mirrors much of the GDPR and the EU recognises Switzerland as adequate. One notable difference is that fines are criminal and are imposed on responsible individuals, not companies.

There is no Swiss AI Act; the government has chosen to ratify the Council of Europe AI Convention and adapt existing laws sector by sector.

Core data law
Revised Federal Act on Data Protection (revFADP)
In force
1 Sep 2023
Regulator
Federal Data Protection and Information Commissioner (FDPIC)
Penalties
Criminal fines up to CHF 250,000 on responsible individuals
US transfers
Swiss–US Data Privacy Framework (since Sep 2024)
AI
No horizontal law; sector-by-sector adaptation

Who needs to comply

Companies processing data with effects in Switzerland

The revFADP applies to processing that has effects in Switzerland, even from abroad.

Foreign controllers processing Swiss residents’ data at scale

A Swiss representative may be required in certain cases.

The laws, in detail

01

Revised Federal Act on Data Protection (revFADP)

Transparency, purpose limitation, privacy by design, DPIAs, records, breach notification and transfers.

When it applies

Processing with effects in Switzerland.

What you must do

  • Privacy notice with prescribed contents
  • Records of processing (with SME relief)
  • DPIA for high-risk processing
  • Notify the FDPIC of high-risk breaches as soon as possible
  • Inform people about automated individual decisions
  • Transfers to adequate countries or with safeguards

Regulator

FDPIC

Penalties

Criminal fines up to CHF 250,000 against responsible individuals for intentional violations.

02

Telecommunications Act & Unfair Competition Act (cookies and marketing)

Information about cookies and similar tracking, and consent for mass electronic advertising.

When it applies

Websites and apps used in Switzerland; businesses sending marketing emails or SMS.

What you must do

  • Inform users about cookies and how to refuse them
  • Prior consent for mass electronic advertising, with existing-customer exception
  • Sender identification and easy unsubscribe

Regulator

FDPIC; SECO; courts

Penalties

Fines and civil claims under the Unfair Competition Act.

03

Information Security Act (cyberattack reporting)

Mandatory reporting of cyberattacks on critical infrastructure.

When it applies

Operators of critical infrastructure, including certain digital and financial providers.

What you must do

  • Report cyberattacks to the NCSC within 24 hours of discovery
  • Complete the report within 14 days

Regulator

National Cyber Security Centre (NCSC)

Penalties

Fines up to CHF 100,000 for failing to report (from Oct 2025).

04

FINMA licensing & DLT Act

Fintech and DLT trading facility licences, and AML rules for crypto businesses.

When it applies

Fintech, crypto and DLT businesses in Switzerland.

What you must do

  • Check FINMA licensing (including the fintech licence)
  • AML membership or supervision
  • DLT securities and trading facility rules

Regulator

FINMA

Penalties

Enforcement and licence action.

Compliance checklist

01 · Before you launch

  • Swiss-specific privacy notice
  • Check the Swiss representative requirement
  • Transfer basis (Swiss–US DPF or SCCs with Swiss addendum)

02 · At launch

  • Breach notification process
  • Automated decision notices

03 · As you scale

  • DPIAs for high-risk processing
  • Train responsible managers on personal liability

Key dates

  1. 1 Sep 2023revFADP in force
  2. 15 Sep 2024Swiss–US Data Privacy Framework

Common mistakes

  • Assuming GDPR compliance covers Switzerland without Swiss notices and transfer adjustments
  • Ignoring personal liability for managers

FAQs

Are Swiss fines imposed on companies?

Generally no; criminal fines target the responsible individuals, although companies can be fined in limited cases.

Sources

Reviewed 12 October 2026. General information, simplified for planning; not legal advice. Check current law before relying on any requirement, and get advice for your facts. For markets outside India, advice is coordinated with locally qualified counsel.

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