Revised FADP and GDPR: what are the differences, and when do both apply?
By Advisorn · updated on 17 October 2026 · Art. 3, 6, 24, 60-66 FADP; Art. 3, 6, 33, 83 GDPR
In short
The Swiss FADP and the European GDPR rest on the same principles, but the FADP does not require a legal basis for every processing, sets no deadline in hours for notifying a breach and fines the responsible individuals instead of the business. A Swiss business must also comply with the GDPR when it has an establishment in the EU, offers goods or services to people in the EU or monitors their behaviour (Art. 3 GDPR).
When both apply
The GDPR applies to a Swiss business without an establishment in the EU if it offers goods or services to people who are in the EU (an online shop that ships to Italy, a website in German with prices in euros) or monitors their behaviour (Art. 3 para. 2 GDPR). In these cases a representative in the EU is usually needed as well (Art. 27 GDPR).
What to do in practice
A business subject to both laws can keep a single system: one record, one privacy notice and one procedure for breaches, written to meet the stricter rule on each point.
FADP and GDPR compared
| FADP (Switzerland) | GDPR (EU) | |
|---|---|---|
| Legal basis | Not needed for every processing; a ground for justification is needed only if privacy is breached (Art. 30-31) | Always one of the bases of Art. 6 |
| Data breach | To the FDPIC "as soon as possible", if the risk is high (Art. 24) | To the authority within 72 hours, unless a risk is unlikely (Art. 33) |
| Sanctions | Fines up to CHF 250,000 on the responsible individual, for intent only (Art. 60-66) | Administrative fines up to EUR 20 million or 4% of turnover, on the business (Art. 83) |
| Data protection officer (DPO) | Optional (Art. 10) | Mandatory in some cases (Art. 37) |
| Record | Exemption below 250 employees if the risk is low (Art. 24 Data Protection Ordinance) | Exemption below 250 employees only for occasional processing (Art. 30 para. 5) |
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.