Territorial Scope
What is the territorial reach of the data privacy and cybersecurity laws?

Last review date: 11 December 2024

  applies to organizations located in the jurisdiction

  applies to organizations located outside of the jurisdiction offering goods or services to data subjects in the jurisdiction

  applies to organizations located outside of the jurisdiction engaged in the monitoring of the behavior of data subjects located in the jurisdiction

  other

The FADP contains a provision clarifying that it has an extraterritorial scope. The wording of the provision is very broad stating that the FADP applies to all circumstances that have an effect in Switzerland, even if they were initiated abroad. Thus, the FADP may apply to organizations located outside the jurisdiction offering goods or services to data subjects in the jurisdiction as well as to organizations located outside of the jurisdiction engaged in the monitoring of the behavior of data subjects located in the jurisdiction as well as to other cases which have an effect in Switzerland.