Data protection for private schools and nurseries: Swiss FADP, minors and platforms

By Advisorn · updated on 26 October 2026

In brief

Private schools and private nurseries fall under the FADP; public schools follow the cantonal data protection laws instead. They process data of minors, often also on health, which is sensitive personal data (Art. 5 let. c FADP): they need to inform parents, obtain their consent for photos and non-essential uses, take security measures and have contracts with digital platforms.

The typical data

  • data of pupils and parents;
  • assessments, school reports and communications with families;
  • allergies, medication, special educational needs;
  • photos and videos of activities;
  • accounts on learning and communication platforms.

Sensitive personal data

Allergies, illnesses and diagnoses, including those behind support at school, are health data, which are sensitive personal data (Art. 5 let. c FADP): only those who need them may know them, and they must never be published.

Minors and parents

A minor who has capacity of judgement may decide alone on strictly personal rights (Art. 19c CC); for younger children the parents decide. In practice a school asks the parents' consent for photos, outings and tools that are not indispensable, and also informs the pupils in words suited to their age.

Digital platforms

  • the provider of the learning or communication platform is a processor: a contract is needed;
  • check where the data is and whether the provider uses it for its own purposes, for example advertising or training AI models;
  • prefer accounts managed by the school to pupils' personal accounts;
  • for tools with a lot of data on minors or sensitive data, a data protection impact assessment.

Related questions

Useful templates

The other sectors

General information, not advice on your case: for your case the text of the law is what counts, and for a sector with rules of its own, those rules too.