What happens if the FDPIC opens an investigation?
By Advisorn · updated on 25 October 2026 · Art. 49-53, 60 and 63 FADP
In short
The FDPIC opens an investigation on its own initiative or following a report when there are indications that a processing may breach the law (Art. 49 FADP). The business must provide the information and documents requested (Art. 49 para. 3 FADP). If it finds a breach, the FDPIC can order by a ruling that the processing be adjusted, suspended or stopped or that data be deleted (Art. 51 FADP); the ruling can be appealed.
How to prepare
- keep the record, privacy notices and contracts with vendors up to date: they are the first documents requested;
- document the decisions taken, for example why an impact assessment was not needed;
- name who handles contact with the authority;
- answer completely and truthfully: false information is punishable.
If the matter is of minor importance
The FDPIC may refrain from opening an investigation when the breach is of minor importance (Art. 49 para. 2 FADP) and, if the business restores compliance itself during the investigation, may confine itself to a warning (Art. 51 para. 5 FADP).
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.