Data Protection Act (FADP)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Organisation
Art. 43 Election and status
1 The United Federal Assembly shall elect the head of the FDPIC (the Commissioner). 2 Any person with the right to vote on federal matters is eligible for election. 3 The Commissioner's employment relationship is governed, unless this Act provides otherwise, by the Federal Personnel Act of 24 March 2000 (FPA). The Commissioner shall be insured against the financial consequences of retirement, invalidity and death with PUBLICA, the Federal Pension Fund. If the Commissioner remains in the position after reaching the age of 65 and so requests, pension cover shall be extended until the end of the employment contract, but no later than the end of the year in which the Commissioner attains the age of 68. The FDPIC shall finance the employer’s contributions. 3bis The Federal Assembly shall issue the implementing provisions relating to the Commissioner’s employment contract in an ordinance. 4 The Commissioner shall exercise his or her duties independently, without seeking or accepting instruct
Para. 3 — SR 172.220.1 Para. 3 — Second to fourth sentences inserted by No I of the FA of 17 June 2022 (Employment Contract for the Head of the FDPIC), in force since 1 Sept. 2023 (AS 2023 231; BBl 2022 345, 432). Para. 3bis — Inserted by No I of the FA of 17 June 2022 (Employment Contract for the Head of the FDPIC), in force since 1 Sept. 2023 (AS 2023 231; BBl 2022 345, 432).
Art. 44 Term of office, re-election and termination of office
1 The Commissioner's term of office amounts to four years and may be extended twice. It begins on the first day of January following the start the National Council's legislature period. 2 The Commissioner may terminate his or her employment contract at the end of any month subject to a period of six months' notice. The Judiciary Committee may in an individual case allow the Commissioner a shorter period of notice if there are no substantial interests that preclude this. 3 The United Federal Assembly may remove the Commissioner from office before the end of the term of office if he or she: a. has wilfully or through gross negligence committed a serious violation of his or her official duties; or b. has permanently lost the capacity to carry out his or her official duties.
Para. 2 — Amended by No I of the FA of 17 June 2022 (Employment Contract for the Head of the FDPIC), in force since 1 Sept. 2023 (AS 2023 231; BBl 2022 345, 432).
Art. 44a Reprimand
The Judiciary Committee may issue a reprimand if it establishes that the Commissioner has failed to comply with official duties.
Art. 44a — Inserted by No I of the FA of 17 June 2022 (Employment Contract for the Head of the FDPIC), in force since 1 Sept. 2023 (AS 2023 231; BBl 2022 345, 432).
Art. 45 Budget
The FDPIC shall submit the draft of his or her budget each year via the Federal Chancellery to the Federal Council. The Federal Council shall submit the budget unchanged to the Federal Assembly.
Art. 46 Incompatibility
The Commissioner may not be a member of the Federal Assembly or the Federal Council and may not have any other employment relationship with the Confederation.
Art. 47 Additional occupation
1 The Commissioner may not have any additional occupations. 2 The Judicial Committee may permit the Commissioner to carry out an additional occupation provided this does not adversely affect the exercise of his or her duties or the independence and the reputation of the FDPIC. The decision shall be published.
Para. 2 — Amended by No I of the FA of 17 June 2022 (Employment Contract for the Head of the FDPIC), in force since 1 Sept. 2023 (AS 2023 231; BBl 2022 345, 432).
Art. 47a Recusal
In the event of any dispute with regard to the Commissioner’s recusal, the decision shall be taken by the president of the division of the Federal Administrative Court that is competent in data protection matters.
Art. 47a — Inserted by No I of the FA of 17 June 2022 (Employment Contract for the Head of the FDPIC), in force since 1 Sept. 2023 (AS 2023 231; BBl 2022 345, 432).
Art. 48 Self-regulation of the FDPIC
The FDPIC shall ensure by means of suitable control measures, in particular in relation to data security, that the legally compliant implementation of data protection regulations under federal law is guaranteed within his or her office.
Section 2 Investigation of Violations of Data Prot
Art. 49 Investigation
1 The FDPIC shall open an investigation into a federal body or a private person ex officio or in response to a report if there are sufficient indications that a data processing activity could violate data protection regulations. 2 It may refrain from opening an investigation if the violation of data protection regulations is of minor importance. 3 The federal body or the private person shall provide the FDPIC with all the information and documents that is needed for the investigation. The right to refuse to provide information is governed by the Articles 16 and 17 of the APA, unless Article 50 paragraph 2 of this Act provides otherwise. 4 If the data subject has filed a report, the FDPIC shall inform them about the steps taken in response and the result of any investigation.
Para. 3 — SR 172.021
Art. 50 Powers
1 If the federal body or the private person fails to fulfil the duties to cooperate, the FDPIC may as part of the investigation order the following in particular: a. access to all information, documents, records of processing activities and personal data that are required for the investigation; b. access to premises and installations; c. questioning of witnesses; d. appraisals by experts. 2 Professional secrecy remains reserved. 3 In order to enforce the measures under paragraph 1 the FDPIC may request support from other federal authorities and from the cantonal or communal police.
Art. 51 Administrative measures
1 If data protection regulations have been violated, the FDPIC may order that the processing be modified, suspended or terminated, wholly or in part, and the personal data deleted or destroyed, wholly or in part. 2 It may delay or prohibit disclosure abroad if this violates the requirements of Article 16 or 17 or provisions relating to the disclosure of personal data abroad in other federal acts. 3 It may in particular order that the federal body or the private person: a. provide him or her with information in accordance with Articles 16 paragraph 2 letters b and c and 17 paragraph 2; b. take the measures in accordance with Articles 7 and 8; c. inform the data subjects in accordance with Articles 19 and 21; d. conduct a data protection impact assessment in accordance with Article 22; e. consult him or her in accordance with Article 23; f. provide him or her or, if applicable, the data subject with information in accordance with Article 24; g. provide the data subject with the informati
Art. 52 Procedure
1 The investigation proceedings and rulings under Articles 50 and 51 are governed by the APA. 2 The only party is the federal body or the private person against which or whom an investigation has been opened. 3 The FDPIC may contest appeal decisions of the Federal Administrative Court.
Para. 1 — SR 172.021
Art. 53 Coordination
1 Federal administrative authorities that supervise private persons or organisations outside the Federal Administration in accordance with another federal act shall invite the FDPIC to comment before they issue a ruling that relates to data protection issues. 2 If the FDPIC is conducting his or her own investigation against the same party, the two authorities shall coordinate their proceedings.
Section 3 Administrative Assistance
Art. 54 Administrative assistance between Swiss authorities
1 Federal authorities and cantonal authorities shall provide the FDPIC with the information and personal data that it requires to fulfil its statutory duties. 2 The FDPIC shall provide the following authorities with the information and personal data that they require to fulfil their statutory duties: a. the authorities responsible for data protection in Switzerland; b. the competent prosecution authorities, where the matter relates to an offence reported under Article 65 paragraph 2; c. the federal authorities and the cantonal and communal police for the implementation of measures in accordance with Articles 50 paragraph 3 and 51.
Art. 55 Administrative assistance for foreign authorities
1 The FDPIC may exchange information or personal data with foreign authorities that are responsible for data protection in order that they may fulfil their respective statutory duties in relation to data protection, provided the following requirements are satisfied: a. Reciprocity with regard to administrative assistance is guaranteed. b. The information and personal data are used only in the proceedings related to data protection that are the subject of the request for administrative assistance. c. The recipient authority undertakes to preserve professional secrecy as well as trade and manufacturing secrecy. d. The information and personal data are only disclosed to third parties if the authority that provided them gives its approval beforehand. e. The recipient authority undertakes to comply with the requirements and restrictions imposed by the authority that provided the information and personal data. 2 In order to justify its request for administrative assistance or to comply with
Section 4 Other Tasks of the FDPIC
Art. 56 Register
The FDPIC shall keep a register of the processing activities of federal bodies. The register shall be published.
Art. 57 Information
1 The FDPIC shall submit a report on his or her activities to the Federal Assembly every year. He or she shall submit the report to the Federal Council at the same time. The report shall be published. 2 In cases of general interest, the FDPIC shall inform the public about its findings and rulings.
Para. 2 — The correction by the FA Drafting Committee of 2 July 2025, published on 7 July 2025, concerns the Italian text only (AS 2025 444).
Art. 58 Further tasks
1 The FDPIC shall also carry out the following tasks in particular: a. It shall inform, train and advise federal bodies and private persons on data protection matters. b. It shall support the cantonal bodies and work with Swiss and foreign authorities that are responsible for data protection. c. It shall raise public awareness, and in particular that of persons in need of protection, in relation to data protection. d. It shall provide data subjects on request with information on how they may exercise their rights. e. It shall comment on draft federal legislation and measures that involve data processing. f. It shall carry out the duties assigned to it under the Freedom of Information Act of 17 December 2004 or other federal acts. g. It shall develop working instruments as recommendations of good practice for use by controllers, processors and data subjects; for this purpose, it shall take into account the specifics of the field concerned and the need to protect vulnerable persons. 2 It
Para. 1 let. f — SR 152.3
Section 5 Fees
Art. 59
1 The FDPIC shall charge private persons fees for: a. its opinion on a code of conduct in accordance with Article 11 paragraph 2; b. the approval of standard data protection clauses and binding corporate rules in accordance with Article 16 paragraph 2 letters d and e; c. consultation in connection with a data protection impact assessment in accordance with Article 23 paragraph 2; d. precautionary measures and measures under Article 51; e. advice on data protection issues in accordance with Article 58 paragraph 1 letter a. 2 The Federal Council shall specify the amount of the fees. 3 It may stipulate the cases in which it is possible to waive or reduce a fee.