Data protection for private individuals in Switzerland

Art. 30 FADP

Breaches of personality rights

Chapter 5: Special Provisions on Data Processing by Private Persons

Statutory textStatus: 7 July 2025

1 Any person who processes personal data must not unlawfully breach the data subjects' personality rights.

2 A breach of personality rights arises in particular if:

  • a.

    personal data are processed contrary to the principles of Articles 6 and 8;

  • b.

    personal data are processed contrary to the express wishes of the data subject;

  • c.

    sensitive personal data are disclosed to third parties.

3 In general no breach of personality rights arises if the data subject makes the personal data generally accessible and has not explicitly prohibited any processing.

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 data must not unlawfully breach the privacy of the data subject. There is a breach in particular if the principles are disregarded, if data is processed against your express wishes or if sensitive personal data is disclosed to third parties.

What does this mean for me?

If you expressly object to processing, the company may generally not continue it – unless it has a justification.

Example

You tell an online shop in writing to stop sending you advertising. If advertising still arrives, this is a breach of privacy.

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