Data Protection Monitor
Global Privacy & Data Protection Intelligence

Switzerland (CH) · Module Detail

Switzerland: Data Subject Rights

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Core rights are present and GDPR-inspired, but the objection right is narrower and exact response-window detail is unconfirmed.

Primary frameworkFederal Act on Data Protection (FADP), revised version, Arts 25, 30-32
Traffic-light rationale — AmberCore rights are present and GDPR-inspired, but the objection right is narrower and exact response-window detail is unconfirmed.

Sub-modules (5)

Access RightGreen

Article 25 of the revFADP provides a more detailed subject-access right than the prior law's single-sentence entitlement to know whether data is processed.

Claims (1):

  • Article 25 of the revised FADP provides a more detailed access right for data subjects than the prior 1992 FADP's general information-request entitlement.

Rectification And ErasureGreen

The revFADP explicitly states a right to erasure (previously only implicit) alongside rectification rights under Art 32.

Claims (1):

  • The revised FADP explicitly states a right to erasure, whereas the old FADP only implicitly recognised it, and introduces rectification rights under Article 32.

Restriction And ObjectionAmber

A right equivalent to GDPR Art 21 does not exist per se; Swiss law provides a narrower opt-out-style objection right under Art 31(2)(b) revFADP.

Claims (1):

  • A right equivalent to Article 21 of the GDPR does not exist per se under Swiss law; instead, Article 31(2)(b) of the revised FADP provides a data subject right to object to processing, essentially limited to an opt-out right.

Data PortabilityGreen

The right to data portability, copied from the GDPR, is entirely new to Swiss law under the revFADP.

Claims (1):

  • The right to data portability, copied from the GDPR, is completely new to Swiss law under the revised FADP.

Deadlines And Response WindowsRed

Available sources did not confirm a specific statutory response-time window (analogous to the GDPR's one-month period) for Swiss data subject requests.

Absence provenance: unavailable. Searched: FADP data subject access request deadline response window, revFADP Article 25 response time days.

Category narrative83 words

The revFADP substantially strengthens data subject rights compared to the 1992 law, introducing an explicit right to erasure and a wholly new right to data portability modelled on the GDPR, alongside a more detailed access right (Art 25) and rectification rights (Art 32). The objection right, however, remains narrower than GDPR Art 21 — Swiss law provides an opt-out-style objection right rather than a general right to object on grounds relating to particular circumstances. Statutory response-deadline specifics were not confirmed in available sources.

no periodic updates on record for this sub-brief

Sources and claims (4)
  1. ProbableOneTrust DataGuidance — Article 25 of the revised FADP provides a more detailed access right for data subjects than the prior 1992 FADP's general information-request entitlement.observed
  2. ConfirmedOneTrust DataGuidance — The revised FADP explicitly states a right to erasure, whereas the old FADP only implicitly recognised it, and introduces rectification rights under Article 32.observed
  3. ProbableOneTrust DataGuidance — A right equivalent to Article 21 of the GDPR does not exist per se under Swiss law; instead, Article 31(2)(b) of the revised FADP provides a data subject right to object to processing, essentially limited to an opt-out right.observed
  4. ConfirmedOneTrust DataGuidance — The right to data portability, copied from the GDPR, is completely new to Swiss law under the revised FADP.observed