Guide to Switzerland (FADP + TCA) Cookie Consent Compliance

Complete technical implementation guide for Switzerland privacy regulations. Learn about consent requirements, banner elements, record keeping, and technical specifications.

Opt-out Translation Required Children's Privacy Rules

Summary

This guide provides comprehensive technical implementation requirements for Switzerland (FADP + TCA). Hybrid model: some cookies allowed under legitimate interest; profiling/marketing require consent. Opt-out always required.

This jurisdiction follows an opt-out consent model, meaning websites can place certain cookies initially but must provide clear mechanisms for users to opt-out of non-essential tracking. Users must be informed about cookies and given easy options to refuse them.

Additional requirements for this jurisdiction include: providing consent banners and privacy information in all required languages, and special protections and consent mechanisms for children's personal data.

Website owners and operators subject to these regulations must implement compliant cookie consent banners, maintain proper consent records, and ensure their tracking technologies respect user privacy choices. This guide outlines all technical requirements needed to achieve compliance.

Key Requirements Overview

Consent Model

Opt-out

Consent Lifespan

12 months

Default State

Mixed

Cookie Walls

Discouraged

Technical Requirements

Prior consent for non-essential cookies

Purpose granularity required

Equal prominence for accept/reject buttons

No pre-checked boxes allowed

Dark patterns prohibited

Proof of consent required

Local storage covered by regulation

Implementation Guidance

Sites can rely on overriding private interests for certain cookies (similar to GDPR legitimate interest). Audience measurement for site improvement is exempt. Marketing/profiling cookies require consent. Opt-out must always be available and prominent.

Special Protections

Children's Privacy

Special protections for minors; consent mechanisms for under 16.

Sensitive Data

Explicit consent required for sensitive data processing.

Record Keeping Requirements

Required Consent Record Fields

For each consent action, you must maintain records containing:

Timestamp ISO
User Choices By Purpose
Policy Version
Legitimate Interest Assessment

Retention Period: 18 months minimum

Re-consent Trigger: Material Change Or New Purpose

CookieChimp handles all of this automatically. Our platform maintains comprehensive consent records including all required fields, timestamps, consent strings, IP addresses, user agents, and more. Records are securely stored and easily exportable for compliance audits. Learn more about our consent management

Legal References & Resources

Official legal documents and regulatory guidance for this jurisdiction:

Federal Data Protection Act (FADP)

https://www.fedlex.admin.ch/eli/cc/1993/1945_1945_1945/en

FDPIC Cookie Guidelines (Jan 2025)

https://www.edoeb.admin.ch/

Legal Disclaimer: For engineering implementation guidance only. Not legal advice. This guide provides technical implementation guidance only and should not be considered legal advice. Privacy laws are complex and frequently updated. We recommend consulting with qualified legal counsel to ensure full compliance with applicable regulations.