The provisions of the revised Swiss Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (OFADP), which entered into force on September 1, 2023, apply to the processing of personal data. This affects companies, associations and, in general, private individuals.
Personal data refers to all data relating to an identified or identifiable natural person. This is very broadly defined in law and may be as simple as an IP address, depending on the circumstances. This means that personal data is also collected from visitors to Swiss websites.
While companies and associations generally cannot avoid observing data protection law, private individuals are usually exempt from complying with data protection provisions as long as they process personal data exclusively for personal use. However, the «for personal use» exception only applies to data processing in close private and family life (immediate family and friends), which normally does not include public websites. Private website operators – just like commercial ones – will therefore generally be affected by the new FADP and OFADP.