FADP: achieve compliance with the Federal Act on Data Protection

The Usercentrics Consent Management Platform (CMP) helps you to build user trust, grow revenues and meet FADP compliance requirements.
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What is FADP?

The FADP is the Swiss Federal Act on Data Protection, implemented September 1, 2023, with enforcement beginning immediately. The Swiss privacy law overhauls the Swiss Data Protection Act from 1992, and thus is sometimes known as the new or revised FADP. The Act provides Swiss citizens with new rights regarding personal data protection, and creates new responsibilities for organizations regarding data privacy and security.

Switzerland’s data protection law is compatible with the General Data Protection Regulation (GDPR) and other European laws, and was designed to ensure data flow with the EU and maintain economic opportunities for Swiss companies.

Common FADP questions and answers
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The FADP is extraterritorial, so applies to organizations inside or outside of Switzerland if they process the data of Swiss citizens.

The Act is meant to ensure secure, ongoing data flow for personal data in both physical or electronic formats with the EU and EEA. The Swiss law also requires adequacy agreements with other countries or data subjects’ consent for international data transfers to occur.

The FADP protects Swiss citizens’ rights to data privacy guards against infringement of that right from excessive or unauthorized access to their personal data.

Processing of personal data is allowed without a specific legal basis in many cases. Data subjects’ consent is required for processing:

  • of sensitive personal data
  • used for high-risk profiling by a government body or private person
  • for data transfers to third countries where without an adequacy agreement
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The new FADP

The FADP is not the GDPR in Switzerland. Some key regulatory differences:

  • Fines up to CHF 250,000 against responsible individuals, or up to CHF 50,000 against a company
  • Appointing a Data Protection Officer is recommended, but not mandatory
  • Less notification/information required in privacy notices or policies
  • Adequacy for data transfers is determined by the Swiss Federal Council, EU standard contractual clauses or other binding corporate rules can also be applied

How to install Usercentrics CMP

The Usercentrics Consent Management Platform (CMP) stores and manages given consent and privacy preferences for each of your users to prove compliance with a legal basis.

1
Create a Consent Management Platform

Customize for your regulatory requirements as well as your corporate branding and messaging

Record proof of consent and be ready to provide them for data subject requests or to data protection authorities

Be transparent to build trust with users and grow long-lasting customer relationships

2
Adapt the legal basis

Inform users about their rights and adapt legal basis or consent requirement according to the FADP

Change your setup any time with a few clicks when legal guidance, your tech ecosystem or branding evolves

Determine the language shown in your banner, when it will be shown, and at what frequency

3
Determine target audience

Meet requirements for all consumers protected by the FADP while also covering other international data privacy laws

Geolocation targeting enables customization to display the banner or not, depending on user location

Dynamically display the right compliance messaging based on the user’s IP address

“Short implementation of 7 days for our first site. We can rollout templates with already defined consent technologies, so we stay concentrated on the real issues which bring us further.”
— Head of Digital Enterprise Services, Haufe Group
Take other international regulations into account as well – the EU’s GDPR, The CCPA/CPRA and VCDPA in the US, Brazil’s LGPD, South Africa’s POPIA and industry-specific solutions like the IAB TCF 2.2 framework.
Our consent management platform easily integrates with your website, apps, and many leading third-party platforms, services and tools. We help you meet your data-driven goals while achieving and maintaining privacy compliance.
Using a Consent Management Platform helps you be transparent with users about data usage, which builds trust. Making them more likely to entrust you with the valuable data you need, and build ongoing relationships
Benefit from important marketing features, like A/B Testing and Contextual Consent, to improve user experience with transparency. Gain valuable insights quickly with Analytics & Reporting to optimize your CMP to increase consent rates.

Clearly inform users and securely obtain and store FADP-compliant consent for data processing on your website or app.

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Contact our expert team

We’re happy to answer questions and get you acquainted with Usercentrics and our Consent Management Platform.

  • Doing business in Switzerland and unsure whether your website is compliant with current privacy law?
  • Not sure what you need to do to achieve compliance? Get in touch and learn how the Usercentrics Consent Management Platform can help you achieve FADP compliance.
  • Looking to partner with us?
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