Swiss FADP

Federal Act on Data Protection (revFADP, SR 235.1) — Swiss Confederation / FDPIC

Also known as: revFADP, nFADP, FADP, DSG, LPD, SR 235.1

At a glance

Current version
FADP of 25 September 2020 (last amended on 7 July 2025)
Published 7 July 2025. source
Status
In force
Next deadline
None announced
Who must comply
Private persons and federal bodies processing personal data, including in circumstances initiated abroad that have an effect in Switzerland. source
Authority
A federal act supervised by the Federal Data Protection and Information Commissioner (FDPIC); criminal offences are prosecuted by the cantonal authorities. source source
Last change
None recorded yet

The Swiss federal data protection act. Matters far beyond Switzerland because the country sits outside the EU while holding an adequacy decision: companies serving Swiss customers carry this regime alongside GDPR rather than instead of it.

Recent changes

No changes recorded yet — we are watching, and nothing has been published.

Key dates

No upcoming dates
  1. FDPIC may forward breach notifications to the National Cyber Security Centre (Article 24(5bis))
  2. Revised Federal Act on Data Protection comes into force
  3. Federal Assembly adopts the revised Federal Act on Data Protection

Amendments

  1. FADP of 25 September 2020 (last amended on 7 July 2025) ErrataCurrent text

    A correction by the Federal Assembly Drafting Committee, published on 7 July 2025, that concerns the Italian text only. source

  2. Amended 1 April 2025 Amendment

    New Article 24(5bis), from the Act introducing a reporting obligation for cyberattacks on critical infrastructure: with the controller's consent, the FDPIC may forward a breach notification to the National Cyber Security Centre. source

  3. FADP of 25 September 2020 (revised FADP) Major version

    The totally revised Data Protection Act, adopted on 25 September 2020, came into force on 1 September 2023. source

Who it applies to

The FADP reaches processing with an effect in Switzerland, including by companies abroad, some of which must appoint a Swiss representative.

Territorial scope
The Act applies to circumstances that have an effect in Switzerland, even if they were initiated abroad (Article 3(1)). source
Swiss representative
Private controllers based abroad must appoint a representative in Switzerland when they process data of persons in Switzerland in connection with offering goods or services or monitoring behaviour there, on a large scale, among other conditions (Article 14). source

How compliance is assessed

Controllers assess high-risk processing themselves and report high-risk data security breaches to the FDPIC as quickly as possible.

Impact assessment
Carry out a data protection impact assessment beforehand where processing is likely to result in a high risk to the data subject's personality or fundamental rights (Article 22). source
Breach notification
Notify the FDPIC as quickly as possible of a data security breach likely to lead to a high risk; processors notify the controller (Article 24). source
Right to information
The information requested by a data subject must in general be provided within 30 days (Article 25(7)). source

Enforcement and penalties

The FDPIC investigates and orders administrative measures; intentional offences carry criminal fines of up to CHF 250,000, prosecuted by the cantons.

Up to CHF 250,000

Maximum criminal fine for the offences in Articles 60 to 63, imposed primarily on the responsible individuals. source

Company fines up to CHF 50,000

Where the fine would not exceed CHF 50,000 and identifying the responsible individual would be disproportionate, the company can be fined instead. source

Investigations
The FDPIC investigates violations and, where it finds one, can impose administrative measures under Article 51. source
Intent only
The offences in Articles 60 to 63 are intentional offences only; there are no criminal penalties for negligent breaches. source
Prosecution
In all cases the cantonal prosecution authorities prosecute these offences. source

Documents

  1. Law text Federal Act on Data Protection (FADP, SR 235.1) - Fedlex
  2. Law text FADP English translation, version of 7 July 2025 (PDF)
  3. Guidance New FDPIC's role (FDPIC)
  4. Guidance Criminal law (FDPIC)
  5. Guidance Factsheet on investigating violations of data protection regulations (FDPIC, October 2024)

Frequently asked questions

What are the fines under the Swiss FADP?

Criminal fines of up to CHF 250,000 for intentional offences, mainly against the responsible individuals; a company can be fined up to CHF 50,000 instead in some cases. source

Does the Swiss FADP apply to companies outside Switzerland?

Yes, to circumstances that have an effect in Switzerland even if initiated abroad (Article 3), and some foreign controllers must appoint a Swiss representative (Article 14). source

Verified against official sources on 18 October 2026. We monitor the official sources for this framework. Watching since 19 September 2026. Subscribe to Swiss FADP (RSS)