Video surveillance in a business or shop: what does the new FADP allow?
By Advisorn · updated on 25 October 2026 · Art. 6, 8, 19, 22 FADP, Art. 26 ArGV 3
In short
A private business may install cameras if the purpose is legitimate, for example preventing theft, and the surveillance is proportionate: it covers only what is needed, is clearly signposted and the footage is deleted quickly (Art. 6 FADP). It may not be used to monitor employees' behaviour (Art. 26 ArGV 3), and systematic monitoring of extensive public areas as a rule requires an impact assessment (Art. 22 para. 2 let. b FADP).
The practical rules
- a sign at the entrance, with who the controller is and where to find the privacy notice;
- no cameras in private spaces such as toilets, changing rooms or break rooms;
- camera angles limited to the area to be protected, not the street or the neighbour;
- footage kept for a few days and viewed only if something happens;
- access to the recordings limited to a few designated people, with the footage protected.
And employees?
Cameras that also film workplaces are allowed only for other purposes, such as security, and must be positioned so that they do not monitor people's behaviour (Art. 26 of Ordinance 3 to the Employment Act, ArGV 3). Employees must be informed beforehand.
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