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Swiss Federal Act on Data Protection (FADP) – Summary

AS 2022 491

To view details of DataRep’s service to meet the Representative obligation under this Regulation, please visit this page.

Enforceable with effect from1st September 2023
Summary of purposeThe protection of the personal data of individuals in Switzerland (“data subjects”)
Which organisations does it apply to?Any organisation which processes the personal data of individuals in Switzerland, whether they choose how that personal data is processed (a “data controller”) or simply process it under the instructions of another (a “data processor”), with minor exclusions for personal use, parliamentary review
Major obligations of regulation

  • To restrict processing of the data by public authorities to situations where a lawful mechanism exists (e.g. consent, contractual obligation, legitimate interests)

  • To provide certain information to data subjects about the processing being undertaken using their data

  • To afford data subjects certain rights regarding the processing of their data (including access to the data, erasure of the data, correction of the data)

  • To ensure international transfers of personal data only occur where roughly equivalent obligations are placed on the data importer

  • To notify data breaches (etc) to authorities as quickly as possible
    Main relevant authoritiesData Protection and Information Commissioner (FDPIC)
    Summary of Representative obligationA data controller which has no Swiss establishment, which regularly processes personal data of individuals in Switzerland on a large scale, is required to appoint a Data Protection Representative in Switzerland (Article 14)

    You can view DataRep’s service to meet this obligation here
    Which organisations require a Representative?Any data controller which has no Swiss establishment, which regularly processes personal data of individuals in Switzerland on a large scale, is required to appoint a Data Protection Representative in Switzerland
    Where should the Representative be established?In Switzerland
    Summary obligations placed on the Representative

    • Provide Swiss data subjects with information about how to exercise their FADP rights

    • Hold a copy of their clients’ record of processing activities, and make them available to the FDPIC on their request

      Please reach out to us at contact@datarep.com if you have any questions, or require a quotation for the Representative service under this law.

      Please note that the contents of this document are not intended to provide complete or exhaustive information, nor should they be considered legal advice. Please ensure that you take legal advice before acting on the contents of this document.

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