What employee data may an employer process?
By Advisorn · updated on 25 October 2026 · Art. 328b CO, Art. 19 FADP, Art. 26 ArGV 3
In short
The employer may process data concerning the employee only to the extent that it concerns the employee's suitability for the job or is necessary for the performance of the employment contract (Art. 328b CO); for the rest the FADP applies. This holds already during recruitment: a job applicant may be asked only for information needed to assess their suitability for the position.
What is usually allowed
- identity and contact data, bank details for the salary;
- data for social insurance and taxes;
- absences and medical certificates, limited to what is needed (as a rule the duration of the incapacity, not the diagnosis);
- performance reviews and training attended.
What, as a rule, is not
- questions about private life, pregnancy or family plans;
- monitoring employees' behaviour with surveillance systems (Art. 26 of Ordinance 3 to the Employment Act, ArGV 3);
- disclosing staff data to third parties without a reason, for example publishing photos or private contact details.
Informing employees
Employees are entitled to a privacy notice just like customers (Art. 19 FADP): which data, for what purpose, to whom it goes (fiduciary, insurers, payroll software) and whether it goes abroad.
Related questions
Useful templates
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.