Data protection for private individuals in Switzerland

Art. 61 FADP

Violation of duties of care

Chapter 8: Criminal Provisions

Statutory textStatus: 7 July 2025

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

  • a.

    disclose personal data abroad in violation of Article 16 paragraphs 1 and 2 without satisfying the requirements of Article 17;

  • b.

    assign the data processing to a processor without satisfying the requirements of Article 9 paragraphs 1 and 2;

  • c.

    fail to comply with the minimum requirements for data security stipulated by the Federal Council in Article 8 paragraph 3.

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

In brief

A fine of up to CHF 250,000 can also be imposed for wilful breaches of certain duties of diligence: unlawful disclosure abroad, unlawful outsourcing or disregard of the minimum data security requirements.

What does this mean for me?

If your loss is caused by a serious disregard of data security, this can be a criminal offence – if you file a complaint.

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