SWITZERLAND Law and Practice Contributed by: Hugh Reeves, Jürg Schneider and David Vasella, Walder Wyss Ltd
ciple applies. If a cookie, banner is used then, depending on how it works, the principle of pri - vacy by default may apply. On 22 January 2025, the FDPIC published non- binding guidance on the use of cookies and sim - ilar technologies, to the extent personal data is processed. The guidance expects website and app providers to use a consent management platform and ensure that users can opt out of cookies at any time. For more intrusive tracking, the FDPIC expects consent with an option to withdraw consent at any time. 4.2 Personalised Advertising and Other Online Marketing Practices The admissibility of advertising is regulated by the Federal Act of Unfair Competition (UCA). It imposes certain limitations on electronic mass advertising. The sender may only contact target customers via electronic mass advertising if it cumulatively: • obtains the target customer’s affirmative consent (opt-in-system) in advance (in this context, it is recommended that the customer consents in text form, for example through the activation of a tick-box upon completion of an online form); • provides the sender’s correct and complete contact information; and • displays a reference to an easy option to refuse future marketing materials – this refer - ence must be evident and clearly visible each time the sender contacts the customer, and the customer must have the possibility to promptly refuse to receive any further market - ing materials on the same channel of commu - nication, with no extra effort and costs. Mass advertising may reach existing customers without their prior consent, if cumulatively:
• the sender obtained the customer’s contact information at the occasion of the purchase of a product or service; • the sender had informed the customer, when obtaining their personal information, about the possibility of opt-out from direct market - ing; • the direct marketing refers to own and similar products, services or works in which the cus - tomer has shown interest – marketing for oth - er (own) products/services from the sender or third-party products/services is not permitted (similarity is given where the purchased prod - uct or service is interchangeable); • the sender provides its correct and complete contact information; and • the sender provides a reference to an easy, free-of-charge option to refuse future market - ing materials. Another option for the accomplishment of a marketing campaign could be the use of postal mail. As printed marketing is not in scope of Arti - cle 3(1) of the UCA, postal mass advertising is generally permitted. Data protection restrictions may, however, apply where individuals have expressly objected to the use of their address for marketing purposes. Non-compliance with anti-spam legislation may result in a civil law claim by individuals, consum - er protection organisations or (under certain lim - ited conditions) the federal government. Further, deliberate non-observance of the dedicated pro - vision of the UCA constitutes a criminal offence. It should be noted, however, that enforcement of anti-spam legislation is not particularly rigorous in Switzerland. 4.3 Employment Privacy Law The Swiss Data Protection Act (FADP) covers the processing of data on employees by employ -
427 CHAMBERS.COM
Powered by FlippingBook