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Cookie consent in Switzerland, under the nFADP.
Switzerland does not require opt-in consent for most cookies. The Telecommunications Act allows them when visitors are told what is processed and why, and how to refuse; the revised Federal Act on Data Protection (nFADP) requires express consent only in specific cases, such as high-risk profiling.
nFADP at a glanceOpt-out allowed
- Applies to
- Processing that has an effect in Switzerland, wherever the business is based
- Cookie rule
- Telecommunications Act, Article 45c
- In force
- Revised FADP since 1 September 2023
- Enforced by
- Federal Data Protection and Information Commissioner (FDPIC)
- Penalties
- Fines up to CHF 250,000, imposed on the responsible individuals rather than the company
WHAT NFADP REQUIRES
What Swiss law asks of a site that uses cookies.
THE RULETell visitors, and let them refuseArticle 45c of the Telecommunications Act allows processing data on a visitor’s device when they are told about it and its purpose, and how they can refuse it.
WITH KATLAKatla’s banner explains each category before anything is chosen and lets visitors refuse. In GDPR mode, which Auto uses for Swiss timezones, it goes further and waits for an opt-in.
THE RULEExpress consent for high-risk profiling and sensitive dataThe nFADP requires express consent for processing sensitive personal data and for high-risk profiling by a private company.
WITH KATLAIn GDPR mode, the cookie guard refuses every cookie outside the functional category until the visitor chooses, and deletes any that were set before it ran.
THE RULETransparencyPeople must be told about the processing, including who receives the data and whether it goes abroad.
WITH KATLAKatla scans the site, classifies every cookie it finds and generates the cookie policy from that list, in 13 languages. German, French and Italian are among them.
nFADP questions, answered
A summary for website owners, not legal advice. Reviewed against the sources below.
- Do Swiss websites need a cookie banner?
- Not for opt-in consent in most cases, but visitors must be told about cookies and how to refuse them, which a banner or a clear notice does. Sites that also serve EU visitors usually follow the stricter GDPR rule anyway.
- Who is fined under the nFADP?
- Responsible individuals, not companies: fines of up to CHF 250,000 for intentional breaches of certain duties, such as the duty to inform.
- Does the GDPR apply to Swiss sites?
- It can. A Swiss business that offers goods or services to people in the EU, or monitors their behaviour, falls under the GDPR for those visitors.
- Which languages does the banner support?
- German, French and Italian as well as English, and the widget can follow the visitor’s browser language.
See what your site sets before anyone asks.
The free plan scans your site, classifies every cookie and generates the policy, without a card. The cookie checker needs no account at all.