Data Privacy & Transfer in Investigations: Switzerland

Data Privacy & Transfer in Investigations 2025, Global Investigations Review, Law Business Research

Switzerland's revised Federal Act on Data Protection (FADP), in force since September 2023, governs the processing of personal data with principles similar to the GDPR, including proportionality, purpose limitation, and data security. In investigations, data processing is generally permitted unless it infringes on personality rights, in which case justification is required. Cross-border data transfers are allowed to countries with adequate protection; for others, safeguards like Standard Contractual Clauses (with Swiss-specific amendments) must be used. Unauthorized transfers to inadequate jurisdictions may lead to criminal penalties, and additional laws, such as banking secrecy and professional privilege, further restrict data disclosure.