Data protection for private individuals in Switzerland

Art. 43 FADP

Election and status

Chapter 7: Federal Data Protection and Information CommissionerSection 1: Organisation

Statutory textStatus: 7 July 2025

1 The United Federal Assembly shall elect the head of the FDPIC (the Commissioner).

2 Any person with the right to vote on federal matters is eligible for election.

3 The Commissioner's employment relationship is governed, unless this Act provides otherwise, by the Federal Personnel Act of 24 March 2000 (FPA). The Commissioner shall be insured against the financial consequences of retirement, invalidity and death with PUBLICA, the Federal Pension Fund. If the Commissioner remains in the position after reaching the age of 65 and so requests, pension cover shall be extended until the end of the employment contract, but no later than the end of the year in which the Commissioner attains the age of 68. The FDPIC shall finance the employer’s contributions.

3bis The Federal Assembly shall issue the implementing provisions relating to the Commissioner’s employment contract in an ordinance.

4 The Commissioner shall exercise his or her duties independently, without seeking or accepting instructions from any authority or third party. He or she is assigned for administrative purposes to the Federal Chancellery.

5 He or she shall have a permanent secretariat and his or her own budget. He or she shall appoint his or her staff.

6 He or she is is not subject to the system of assessment under Article 4 paragraph 3 FPA.

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

In brief

The United Federal Assembly elects the head of the FDPIC. The FDPIC is independent and not subordinate to any authority.

What does this mean for me?

Data protection supervision is independent of the Federal Council and the administration.

Implementing provisions in the Data Protection Ordinance (DPO)

  1. Art. 36 DPOSeat and permanent secretariat
  2. Art. 37 DPOMethod of communication

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