Swiss Federal Act on Data Protection (FADP), SR 235.1, status as of 1 September 2023
Below is what the official text of Swiss Federal Act on Data Protection (FADP), SR 235.1, status as of 1 September 2023 states about whom it covers, when it applies to a business and since when. Where the pages we read do not say, the row says "not stated".
The wording shown is taken from the official page named in each row. The duties of a business and the contents of a privacy notice are in the paid checklist.
Typical situations, run through the same conditions as the check
- A for-profit business established in Switzerland: Applies, or may apply: conditions to check.
- A US business with users in Switzerland: Applies, or may apply: conditions to check.
- A US business with no users in Switzerland: Not triggered by these answers.
Judged on 2026-10-06. Our law data was last verified on 2026-10-06; a law that took effect after that date is not in it. These situations leave other answers blank or neutral: use the check for your own.
What the official text states
| Question | What the official text states | Source |
|---|---|---|
| What it covers | Protects the personality and fundamental rights of natural persons whose personal data is processed; applies to processing by private persons and federal bodies.Official wordingThis Act has the purpose of protecting the personality and fundamental rights of | fedlex.data.admin.ch read 2026-10-06 |
| When it applies to a business | Applies to circumstances that have an effect in Switzerland, even if initiated abroad. Conditions to check: The test is 'effect in Switzerland', not offering goods or services; our questions cannot express it, so we test whether you have users there, which is an approximation and a Swiss-established business is not excluded. Art. 2(2) exempts purely personal use. Art. 14 requires private controllers abroad to appoint a representative in Switzerland where processing relates to offering goods/services or monitoring, is large scale, regular and high risk. English text is a translation without legal force. No size threshold. Official wordingThis Act applies to circumstances that have an effect in Switzerland, even if they were initiated abroad. | fedlex.data.admin.ch read 2026-10-06 |
| In force from | 2023-09-01 Commencement date stated in the Act Official wordingCommencement date: 1 September 2023 | fedlex.data.admin.ch read 2026-10-06 |
| Privacy notice | Included in the paid checklist. See the checklist | — |
| Consent and opt-out | Included in the paid checklist. See the checklist | — |
| Rights of individuals | Included in the paid checklist. See the checklist | — |
| Data protection officer | Included in the paid checklist. See the checklist | — |
| Breach notification | Included in the paid checklist. See the checklist | — |
| What the privacy notice must contain | Included in the paid checklist. See the checklist | — |
What we do not cover
These areas are outside this site, so nothing on this page says anything about them:
- Privacy laws for particular sectors (for example health care, banking and credit, education)
- Rules specific to children's online privacy
- Cookie and electronic-communications rules (including consent for cookies and marketing messages)
- Employee, job applicant and contractor data
- Rules on sending personal data to other countries
- US state data-breach notification laws (a separate set of state laws)
- US state privacy laws that are not yet in force, and state laws on particular topics (for example biometric or health data)
- Privacy laws of countries that are not listed here
- Planned changes to the laws listed here