Data protection for private individuals in Switzerland

Art. 21 FADP

Duty to provide information in the case of an automated individual decision

Chapter 3: Duties of the Controller and of the Processor

Statutory textStatus: 7 July 2025

1 The controller shall inform the data subject about any decision that is based exclusively on automated processing and that has a legal consequence for or a considerable adverse effect on the data subject (automated individual decision).

2 It shall on request allow the data subject to express their point of view. The data subject may request that the automated individual decision be reviewed by a natural person.

3 Paragraphs 1 and 2 do not apply if:

  • a.

    the automated individual decision is directly connected with the conclusion or the processing of a contract between the controller and the data subject and the data subject's request is granted; or

  • b.

    the data subject has explicitly consented to the decision being automated.

4 If the automated individual decision is issued by a federal body, it must designate the decision accordingly. Paragraph 2 does not apply if, in accordance with Article 30 paragraph 2 of the Administrative Procedure Act of 20 December 1968 (APA) or another federal act, the data subject is not entitled to a hearing before the decision is taken.

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

In brief

If a computer alone makes a decision that has legal effects on you or significantly affects you, the company must inform you. You can state your point of view and request that a human reviews the decision.

What does this mean for me?

If your application is rejected automatically, you can request a review by a person.

Example

An online credit application is rejected by a system within seconds. You can request that a member of staff reviews the decision.

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