Art. 60 FADP

Violation of the duty to provide information, the right to information and the duty to cooperate

Statutory textStatus: 7 July 2025

¹ On complaint, a fine not exceeding 250,000 francs shall be imposed on private persons who:

a.
violate their duties under Articles 19, 21 and 25–27, in that they wilfully provide false or incomplete information;
b.
fail wilfully:
- 1.
  to provide information to the data subject in accordance with Articles 19 paragraph 1 and 21 paragraph 1, or
- 2.
  to provide the data subject with the information specified in Article 19 paragraph 2.

² A fine not exceeding 250,000 francs shall be imposed on private persons who, in violation of Article 49 paragraph 3, wilfully provide the FDPIC with false information or wilfully fail to cooperate in the course of an investigation.

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

In brief

Anyone who wilfully provides false or incomplete information or breaches the duty to provide information can, on complaint, be punished with a fine of up to CHF 250,000. The responsible individuals are punished, not the company.

What does this mean for me?

If you receive deliberately false or incomplete information, you can file a criminal complaint – within three months of finding out about it (Art. 31 SCC).

Example

In its reply to your access request, a company deliberately conceals that it has passed your data on to a credit reference agency.

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