Data protection for private individuals in Switzerland

Art. 19 FADP

Duty to provide information when collecting personal data

Chapter 3: Duties of the Controller and of the Processor

Statutory textStatus: 7 July 2025

1 The controller shall inform the data subject in an appropriate manner when collecting personal data; this duty to provide information also applies if the data is not collected from the data subject.

2 It shall provide the data subject on collecting the data with the information required for the data subject to exercise their rights under this Act and to guarantee transparent data processing; it shall provide the following information as a minimum:

  • a.

    the controller's identity and contact details;

  • b.

    the purpose of processing;

  • c.

    if applicable, the recipients or the categories of recipients to which personal data is disclosed.

3 If the data is not collected from the data subject, the controller shall also inform the data subject of the categories of processed personal data.

4 If the personal data are disclosed abroad, the controller shall also inform the data subject of the State or the international body to which such data are disclosed and if applicable of the guarantees under Article 16 paragraph 2 or the application of an exception under Article 17.

5 If the data is not collected from the data subject, the controller shall also inform the data subject of the information specified in paragraphs 2–4 at the latest one month after receiving the data. If the controller discloses the personal data before the expiry of this deadline, it shall inform the data subject at the time of disclosure at the latest.

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

In brief

Anyone who collects personal data must inform the data subject: who the controller is, what the data is used for, to whom it is disclosed and to which countries. This is usually done with a privacy policy.

What does this mean for me?

You have the right to know what happens to your data – even if the company did not obtain the data from you but from third parties.

Example

An address broker sells your address to a mail-order company. The mail-order company must inform you of this within one month at the latest.

Implementing provisions in the Data Protection Ordinance (DPO)

  1. Art. 13 DPOModalities of the duty to provide information

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