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Home › Compare laws side by side › Swiss nFADP (revDSG) vs EU GDPR

Swiss nFADP (revDSG) vs EU GDPR

Federal Act on Data Protection of 25 September 2020 (revised FADP / nFADP) (Switzerland) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.

TopicSwiss nFADP (revDSG)
Switzerland
✓ Confirmed by two sources
EU GDPR
European Union (EEA)
✓ Confirmed by two sources
StatusIn force since 1 September 2023 (no transition period).✓In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓
Who it applies toProcessing of personal data of natural persons (not companies) by private persons and federal bodies, including processing abroad that has an effect in Switzerland.✓Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓
Size thresholdsNone — applies regardless of size. Firms under 250 employees are exempt from records of processing unless they process sensitive data at large scale or do high-risk profiling.✓None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓
RegulatorFederal Data Protection and Information Commissioner (FDPIC / EDÖB)✓National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reportingNotify the FDPIC as soon as possible if a breach is likely to cause a high risk; inform individuals where needed for their protection or if the FDPIC requires it. Processors must tell controllers as soon as possible.✓Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓
Deadline to answer personal data requestsWithin 30 days (Art 25(7) FADP, Art 18 Ordinance); if not feasible, tell the person how long it will take. Free, except a contribution of up to CHF 300 where effort is disproportionate.✓1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓
Data protection officerOptional. A private controller may appoint a data protection officer (advisor); if independent and notified to the FDPIC, it can be consulted instead of the FDPIC after a high-risk DPIA.✓DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓
Local representativeForeign private controllers must appoint a Swiss representative if they target/monitor people in Switzerland AND the processing is large-scale, regular and high-risk (all conditions).✓Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓
Sending data abroadAllowed to countries on the Federal Council's adequacy list (incl. EEA, UK) and to Swiss-US DPF certified US firms; otherwise use standard data protection clauses (e.g. adapted EU SCCs), BCRs or a legal exception.✓Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓
Cookies and consentTelecommunications Act requires informing users about cookies and how to refuse them (opt-out model); consent may be needed for some uses depending on circumstances.✓Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓
Maximum penaltyCriminal fines up to CHF 250,000 for wilful breaches of key duties (information, transfers, security, etc.), imposed mainly on the responsible individual; the company can be fined up to CHF 50,000 instead where finding the individual is disproportionate.✓Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓

= confirmed by two independent sources, at least one official.

Facts marked “Being verified” are still being confirmed and are not given as answers.

Who each law applies to

Swiss nFADP (revDSG)
Processing of personal data of natural persons (not companies) by private persons and federal bodies, including processing abroad that has an effect in Switzerland.
EU GDPR
Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.

What you must do under Swiss nFADP (revDSG)

Full Swiss nFADP (revDSG) page, sources and checklist

What you must do under EU GDPR

Full EU GDPR page, sources and checklist

Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@glancedeskjurisdiction.com.