With our expertise, you can implement a compliant Consent Management Platform (CMP) according to the Federal Act on Data Protection in Switzerland that maximizes opt-in rates while keeping your data collection transparent, secure, and fully autonomous.
The revised Swiss Federal Act on Data Protection (FADP) updates the 1992 Data Protection Act, strengthening individuals’ rights over their personal data and introducing new obligations for organizations. It aligns Swiss data protection law with the EU’s General Data Protection Regulation (GDPR) and other international standards, ensuring the secure flow of data with the EU while safeguarding economic opportunities for Swiss businesses.
Your organization must comply with the FADP if it meets any of the following criteria:
The revised FADP came into effect on September 1, 2023, modernizing Swiss data protection and replacing the 1992 Data Protection Act.
Any organization operating in Switzerland that processes personal data must adhere to the FADP.
Organizations outside Switzerland that process the personal data of Swiss residents are also subject to the FADP.
Compliance requirements apply to all organizations, from small enterprises to large corporations.
The FADP grants individuals key rights to ensure transparency, control, and protection of their personal data:
Individuals have the right to be informed about the personal data being processed. Organizations must provide details on the purpose, recipients, and retention period of data processing upon request.
Consumers can request access to the personal data an organization holds, allowing them to verify its accuracy and completeness.
Individuals may have inaccurate or outdated data corrected. They can also request the deletion of their data, unless legal retention obligations apply.
Consumers can object at any time to the processing of their personal data based on their specific situation, requiring organizations to reassess or cease the processing.
Ensure your privacy policy is clear, concise, and easily understandable, providing consumers with transparent information about how their personal data is collected, processed, and used.
Secure explicit consent from data subjects before processing sensitive data or engaging in high-risk profiling activities.
Leverage a CMP to automate consent management and maintain long-term compliance with FADP requirements.
Unlike the GDPR, the Swiss Data Protection Act (FADP) generally permits the processing of personal data without explicit consent. However, active consent is mandatory in specific cases:
Regardless of these conditions, organizations must always provide clear information to consumers about data collection practices. This is typically achieved through a transparent and compliant privacy policy on your website.
A Consent Management Platform (CMP) helps you inform consumers about data collection in full compliance with data protection laws. It simplifies the creation of privacy policies and ensures adherence to multiple regulations, including the FADP and GDPR. A CMP also enables organizations to obtain active consent (opt-in) efficiently while documenting all data collection, storage, and processing activities.
Key Benefits:
Organizations with more than 250 employees are legally required to maintain a comprehensive record of their data processing activities. This processing directory documents the type, purpose, and methods of personal data handling. Article 12 of the Swiss Federal Act on Data Protection (FADP) specifies the minimum content requirements for the register and provides clear guidance for both data controllers and processors to ensure robust protection of personal data.
Explore our Whitepaper to learn how to achieve full FADP compliance for your website or app — from conducting a thorough data protection audit to implementing a robust Consent Management Platform and developing a legally compliant privacy policy.
Usercentrics, the world’s leading Consent Management Platform (CMP), provides organizations with a best-in-class solution for legally compliant user data management. As a trusted Usercentrics partner, we have successfully implemented CMPs for companies worldwide, ensuring full regulatory compliance.
The platform integrates seamlessly into any technology stack, delivering a tailored solution for your business. Leveraging our expertise in consent and data management, we not only ensure compliance with data protection regulations but also optimize integration with complementary technologies, including server-side tagging. This enables efficient, comprehensive data collection, building a robust database that drives actionable marketing insights.
Manage all data protection obligations from a single platform, ensuring full oversight and consistent compliance across your organization.
Efficiently meet data protection requirements across multiple jurisdictions. Usercentrics supports compliance with diverse privacy laws worldwide, addressing the specific obligations for users in each region.
The CMP integrates easily with common content management systems (CMS) and website builder platforms. It can be fully tailored to your business requirements, delivering optimal functionality, compliance, and a user-friendly experience.
The FADP is Switzerland’s revised data protection law, updating the 1992 act. It grants stronger rights to individuals and places new obligations on companies. The law also aligns Swiss data protection more closely with the EU’s GDPR to facilitate data flows. It took effect on 1 September 2023.
Active opt-in consent is necessary in certain cases, such as:
Even when consent is not required, companies must still inform users about their data collection.
A CMP allows you to:
Yes — if your company has more than 250 employees, you are required to keep a register of processing activities. This directory must record aspects like data categories, processing purpose, and third-party recipients, in line with Article 12 of the FADP.
Find out how you can meet all Swiss FADP requirements without compromising user experience.
