Data protection for private individuals in Switzerland

Art. 64 FADP

Corporate criminal liability

Chapter 8: Criminal Provisions

Statutory textStatus: 7 July 2025

1 The criminal liability of businesses is governed by Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law (ACLA).

2 If a fine not exceeding 50,000 francs is under consideration and if the identification of the perpetrators in accordance with Article 6 ACLA requires measures that would be disproportionate in view of the potential penalty, the authority may decide not to pursue these persons but instead to order the business to pay the fine (Art. 7 ACLA).

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

In brief

For offences within businesses, the responsible individuals are generally punished. If identifying them would be disproportionate, the business can be convicted instead for fines of up to CHF 50,000.

What does this mean for me?

This does not change your right to file a complaint – the criminal authority conducts the proceedings.

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