Cookies and banners: is consent required in Switzerland?
By Advisorn · updated on 17 October 2026 · Art. 45c TCA, Art. 6 and 19 FADP; Art. 5 para. 3 Directive 2002/58/EC, Art. 6-7 GDPR
In short
As a rule, no. In Switzerland cookies may be used if the website informs about the processing and its purpose and says how to refuse it (Art. 45c of the Telecommunications Act); prior consent is not generally required. If the website targets people in the EU, their consent is needed before setting cookies that are not necessary (ePrivacy Directive and GDPR).
What to do in practice
- know which cookies and third-party tools the website uses: a scan shows them;
- explain them in a cookie policy, with purpose, provider and duration;
- for necessary cookies only, a notice is enough under the GDPR too;
- for statistics, advertising or third-party tools aimed at the EU, a banner that asks for consent before activating them.
Data abroad
Many third-party tools send data to the United States: they must be named in the privacy notice, with the safeguards of the transfer (Art. 16 and 19 FADP).
Related questions
General information, not advice on your case: for your case the text of the law prevails. For a question about your case there is Advisorn's consulting.