Data protection for private individuals in Switzerland

Art. 62 FADP

Violation of the professional duty of confidentiality

Chapter 8: Criminal Provisions

Statutory textStatus: 7 July 2025

1 Any person who, while practising his or her profession, acquires knowledge of secret personal data for the purpose of that profession but thereafter wilfully discloses such data shall on complaint be liable to a fine not exceeding 250,000 francs.

2 The same penalty shall apply to any person who wilfully discloses secret personal data that has come to his or her knowledge while carrying on an activity for or while training with a person subject to a duty of confidentiality.

3 The disclosure of secret personal data after ceasing to practise a profession or after completing training is also a criminal offence.

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

In brief

Anyone who discloses confidential personal data that they learned in the course of their professional activity can, on complaint, be punished with a fine of up to CHF 250,000 – even after that activity has ended.

What does this mean for me?

This duty of confidentiality applies to many professions that are not already subject to professional secrecy under criminal law.

Example

An employee of a fiduciary firm tells friends about a client’s tax return.

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