Is Cookie Consent Required in Switzerland?

Analysis of regulatory frameworks demonstrates that cookie consent in Switzerland is a nuanced issue, directly impacted by Swiss law, European Union law, and recent policy changes from major technology providers.

Results indicate the following core findings:

• Swiss Federal Act on Data Protection (nFADP): The revised FADP, effective September 2023, aligns with certain EU GDPR standards. Article 6 specifies that explicit consent is required for processing sensitive personal data, which may include cookies when these track health, religious beliefs, or political opinions [1]. Consent under nFADP must be “freely given, informed, and specific,” mirroring GDPR’s consent requirements.

  • “Consent must be given for each data processing purpose” (nFADP Art. 6).

• Swiss Telecommunications Act (TCA) Article 45c: Website operators must inform users about data processing methods and their purposes. Operators are obliged to provide users with the opportunity to refuse data processing. Although the law does not mandate an opt-in cookie banner for all cookies, it does require transparency and respect for user preferences [2].

  • “Users must be informed clearly and comprehensively about the collection and processing of their personal data” (TCA Art. 45c).

• Interaction with EU Law: Swiss websites serving goods or services to EU residents are subject to the EU General Data Protection Regulation (GDPR), which mandates explicit, informed consent for setting non-essential cookies [3].

  • “Swiss companies targeting EU consumers must comply with GDPR’s cookie consent rules”.

• Google Consent Policy Expansion: As of July 31, 2024, Google’s EU User Consent Policy extends to Swiss users. Any website using Google advertising products and targeting Swiss users must now obtain consent for cookies and personal data use for ad personalization, regardless of whether those users are in the EU or Switzerland [4]. This change compels many Swiss website operators to adopt explicit cookie consent mechanisms to maintain access to Google’s advertising platforms.

Discussion of implications:

• The cumulative effect of local law (nFADP, TCA), extraterritorial application of GDPR, and private sector requirements (Google) creates an environment where explicit cookie consent is required in Switzerland in several significant scenarios:

  • When processing sensitive personal data via cookies.
  • When targeting EU residents.
  • When using Google advertising products targeting Swiss users.

• A practical outcome is that most Swiss websites, especially those with international reach or using global ad tech, should implement comprehensive cookie consent banners to ensure legal compliance and continued service access.

• Swiss regulation still does not impose a blanket requirement for opt-in consent for all cookies as per GDPR; however, the convergence of laws and industry standards means that best practice is moving toward more explicit user consent.