Data protection for private individuals in Switzerland

Art. 20 DPO

Scope of the right

Chapter 3: Rights of the Data SubjectSection 2: Right to Data Portability

Statutory textStatus: 1 December 2025

1 Personal data that the data subject has disclosed to the controller are:

  • a.

    data that the data subject has knowingly and voluntarily made available;

  • b.

    data that the controller has obtained relating to the data subject and his or her behaviour while the data subject was using a service or device.

2 Personal data that the controller has itself generated from its own evaluation of the personal data provided or observed are not deemed to be personal data that the data subject has disclosed to the controller.

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

In brief

The right to data portability (Art. 28 FADP) covers the data you have knowingly and voluntarily made available to the company and the data it has obtained about you and your behaviour while you were using a service or device. It does not include data that the company has generated from its own evaluation of that data.

What does this mean for me?

So you can request not only what you entered yourself but also recorded usage data – but not the conclusions the company has drawn from it itself.

Example

From a fitness app, you can request your profile and the training data recorded by the app, but not an assessment of your fitness level calculated by the app itself.

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

  1. Art. 28 FADPRight to data portability

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