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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.

Topic	Swiss nFADP (revDSG) Switzerland ✓ Confirmed by two sources	EU GDPR European Union (EEA) ✓ Confirmed by two sources
Status	In 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 to	Processing 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 thresholds	None — 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.✓
Regulator	Federal Data Protection and Information Commissioner (FDPIC / EDÖB)✓	National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reporting	Notify 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 requests	Within 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 officer	Optional. 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 representative	Foreign 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 abroad	Allowed 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 consent	Telecommunications 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 penalty	Criminal 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)

Publish a privacy notice incl. identity, purposes, recipients and destination countries.
Keep a record of processing (unless the under-250-staff exemption applies).
Run a DPIA for processing likely to pose a high risk.
Report high-risk breaches to the FDPIC as soon as possible.
Answer access requests within 30 days, free of charge.
Apply privacy by design and by default; sign processor agreements.

Full Swiss nFADP (revDSG) page, sources and checklist

What you must do under EU GDPR

Identify a lawful basis for every processing purpose and record it.
Publish a clear privacy notice covering purposes, recipients, retention and rights.
Keep a record of processing activities and sign Art 28 contracts with processors.
Run a DPIA before high-risk processing such as large-scale profiling or sensitive data.
Report qualifying breaches within 72 hours (lead authority, or every relevant DPA if you have no EU establishment) and log all breaches.
Answer access, erasure and other rights requests within one month.

Full EU GDPR page, sources and checklist

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