Data protection for private individuals in Switzerland

Art. 1 DPO

Principles

Chapter 1: General ProvisionsSection 1: Data Security

Statutory textStatus: 1 December 2025

1 In order to guarantee an adequate level of data security, the controller and the processor must determine the extent to which personal data requires to be protected and adopt the technical and organisational measures that are appropriate to the risk.

2 The extent to which personal data requires to be protected shall be assessed according to the following criteria:

  • a.

    the type of the data being processed;

  • b.

    the purpose, nature, extent and circumstances of the processing.

3 The risk for the personality or fundamental rights of the data subject shall be assessed according to the following criteria:

  • a.

    the causes of the risk;

  • b.

    the main threats;

  • c.

    measures taken or planned to reduce the risk;

  • d.

    the probability and seriousness of a breach of data security despite the measures taken or planned.

4 When determining the technical and organisational measures, the following criteria shall also be considered:

  • a.

    the state of the art;

  • b.

    the implementation costs.

5 The extent to which personal data requires to be protected, the risk and the technical and organisational measures shall be reviewed throughout the period of processing. The measures shall be adjusted if necessary.

Source: Version on FedlexThis translation is not an official version. Only the German, French and Italian versions are legally binding.

In brief

Anyone who processes personal data – as a controller or as a processor – must determine how much protection the data needs and what risks exist for the data subjects. On that basis, they set appropriate technical and organisational measures, taking account of the state of the art and the costs, and review them throughout the entire processing period.

What does this mean for me?

This obligation is aimed at companies and authorities. For you, it means: the more sensitive your data, the better it must be protected (Art. 8 FADP).

Implements these provisions of the Federal Act on Data Protection (FADP)

  1. Art. 8 FADPData security

Explanation by mydatenschutz.ch in plain language – not legal advice. The statutory text is authoritative.