FADP: Achieve compliance with the Swiss Federal Act on Data Protection
What is the FADP?
The Federal Act on Data Protection (FADP) is Switzerland’s privacy law that took effect in 2023, replacing the original 1992 Data Protection Act. Often called the new FADP or revised FADP, it modernizes Swiss privacy rules to meet today’s digital standards. The law strengthens individuals’ rights over their personal data and sets new obligations for organizations to handle data responsibly and securely. Designed to stay compatible with the EU General Data Protection Regulation (GDPR), the FADP helps maintain smooth data flows between Switzerland and the European Union, supporting both privacy protection and business growth.
Common FADP questions and answersVALUING PRIVACY
Consent management pays off
The FADP applies to any organization — inside or outside Switzerland — that processes the personal data of Swiss residents. This extraterritorial scope means foreign companies must also comply when handling Swiss user data. The law aims to protect individuals’ privacy rights and prevent unauthorized or excessive access to personal data. It also ensures the secure and continuous flow of personal data between Switzerland, the European Union (EU), and the European Economic Area (EEA). For transfers to other countries, organizations must have an adequacy agreement in place or obtain the data subject’s consent before moving personal data internationally.
ACHIEVING COMPLIANCE
Consent and FADP compliance
Under the FADP, organizations can process personal data without a specific legal basis in many situations. Explicit consent from the data subject is required when processing involves:
- Sensitive personal data
- High-risk profiling by a public authority or private organization
- Data transfers to third countries that do not have an adequacy agreement with Switzerland
PRIVACY INNOVATION
Key FADP differences
The FADP is not just Switzerland’s version of the GDPR. Key differences include:
- Fines up to CHF 250,000 for responsible individuals, or up to CHF 50,000 for companies
- Data Protection Officer (DPO) is recommended but not mandatory
- Fewer privacy notification and information requirements
- Adequacy decisions for cross-border data transfers by the Swiss Federal Council; SCCs or other binding corporate rules can be used
How to install Usercentrics
The Usercentrics Consent Management Platform (CMP) collects, manages, and stores valid user consent and privacy preferences.
Your questions answered
Contact our privacy experts
We’re here to answer your questions about data privacy, FADP requirements, and compliant marketing. The Usercentrics Consent Management Platform helps you build trust, enhance user experience, and reduce regulatory risk. Let’s talk about how we can support your compliance goals.
- Want to understand how privacy compliance drives user trust and marketing performance?
- Unsure whether your business meets Switzerland’s privacy requirements?
- Need guidance on your company’s specific compliance obligations?
- Interested in partnering with us?
