dataprotection.ch

 
Frequently Asked Questions

General

Question:
Is personal data regarding legal entities (companies, associations, etc.) subject to the Swiss data protection laws and regulations?

Answer:
Yes, unlike other jurisdictions, the Swiss data protection laws and regulations also apply to legal entities. This situation changes, however, once the revised Federal Data Protection Act enters into force (expected in mid-2022; see the “DPA Revision” section here).

Question:
Are IP addresses considered personal data under the Swiss data protection laws and regulations?

Answer:
Yes, according to a decision by the Swiss Federal Supreme Court dated 8 September 2010, a static or dynamic IP address is considered personal data (“Logistep case”). The court held that the processing of dynamic IP addresses by a supplier based in Switzerland (the supplier was extracting the dynamic IP addresses of persons uploading copyright-protected works to P2P networks and then forwarding the IP addresses to the relevant copyright holders in order to allow them to identify the persons using the IP addresses by filing criminal complaints against “unknown” persons) is subject to Swiss data protection laws and regulations.