FADP Inspection in Switzerland: The 5 Documents the FDPIC May Request from Your DPO

Published by Thomas dans la catégorie Compliance on 09.01.2026 Last update : 29.09.2026 à 09h43


Table of content

A customer cannot unsubscribe from your newsletter, a competitor reports you, a file leaks: that is all it takes for an investigation to start. On that day, the FDPIC will not ask whether you "tried" to comply with the FADP. It will ask for documents.

In short

  • The FDPIC investigates on its own initiative or following a report, and you must hand over the documents it needs (Art. 49 FADP).

  • Refusing to cooperate can cost the responsible person a fine of up to CHF 250,000 (Art. 60).

  • Five documents make the difference: register, proof of consent, transfers, protection by default, contracts.

How an FDPIC investigation works

FADP inspection procedure in Switzerland in 5 steps: complaint, FDPIC investigation, decision and measures without fines, cantonal criminal prosecution, fine of up to CHF 250,000 for intentional violations.

The FDPIC opens an investigation as soon as there are sufficient indications that processing breaches the law (Art. 49 FADP). If you do not cooperate, it can order access to documents and premises (Art. 50).

It does not impose fines: it orders you to modify, suspend or stop processing (Art. 51). Fines of up to CHF 250,000 are imposed by the cantonal criminal authorities on the responsible individuals, for intentional violations (Art. 60 to 66). The GDPR, by contrast, fines the company. More in our FADP and GDPR compliance guide.

Document 1: the record of processing activities

The typical question: "Show me that you control your data flows."

What to provide: an up-to-date record (Art. 12 FADP): purposes, data categories, recipients, retention period, security and destination countries.

  • Bad answer: "We use Google Analytics and Facebook, I think."

  • Good answer: every tool and every tag, with the data collected, purpose, retention period and hosting location.

Companies with fewer than 250 employees are exempt, unless they process sensitive data on a large scale or carry out high-risk profiling (Art. 24 of the Data Protection Ordinance). The record is still the fastest way to answer.

A-Track tip

An Excel file frozen since 2023 no longer reflects your site. Compare the record with your GTM container at least once a year.

The typical question: "How do you prove that Mr Dupont accepted ad tracking on 12 January 2026 at 2:02 pm?"

What to provide: an extract from your CMP log: pseudonymous ID, date and time, version of the policy shown, categories accepted or refused.

In Switzerland, the FADP does not require consent as a general rule (for cookies, Art. 45c of the Telecommunications Act provides a right to refuse). But as soon as you rely on consent (EU visitors, personalised ads required by Google since 31 July 2024), you must be able to prove it. A plugin without a log leaves you with no proof.

Document 3: transfers abroad

The typical question: "On what basis do you send this data outside Switzerland?"

What to provide: for each tool, the country and the safeguard (Art. 16 FADP). Adequate country (EU): nothing more. United States: recipient certified under the Swiss-U.S. Data Privacy Framework (in force since 15 September 2024), otherwise standard clauses. Other countries (China for TikTok): standard clauses.

A data protection impact assessment is only mandatory for high-risk processing (Art. 22). Always document data minimisation: server-side tracking lets you truncate IP addresses, hash e-mails and filter sensitive data before sending.

Document 4: proof of protection by default

The typical question: "Are your tags blocked until the visitor has chosen?"

What to provide: a Google Tag Manager audit and a documented test (screenshots, Network tab). The FADP requires data protection by default (Art. 7). A Meta pixel firing before any click takes ten seconds to spot: for EU visitors, it is a clear violation; in Switzerland, it contradicts your own banner. It is the mistake we fix most often (see our Consent Mode v2 guide).

Document 5: data processing agreements

The typical question: "What guarantees do you have with your agency and your SaaS tools?"

What to provide: signed data processing agreements (DPA). Art. 9 FADP requires a contract and security guarantees; entrusting data without them is punishable (Art. 61). Also forbid your providers to reuse your data for their own purposes. For agencies, see FADP vs GDPR for web agencies.

Conclusion: a file of evidence, not a frozen state

Table of the evidence file for an FADP inspection: processing record, consent log, transfers abroad, protection by default and data processing agreements, with their legal basis and who prepares them.

These documents require legal (a data protection advisor, optional in Switzerland but valuable) and technical teams to work together.

  1. Gather your record, contracts and an export of the CMP log.

  2. Test your site by refusing everything: no advertising tag should fire.

  3. Schedule a yearly review and one after every new tool.

Everything can be fixed and documented: act before the inspection.

Would your FADP evidence file hold up before the FDPIC?

A-Track checks your site the way an investigator would: tags before consent, CMP log, transfers abroad and documentation.

Get a free tracking and compliance audit, delivered within 48 hours, with the list of evidence to complete.

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Questions fréquemment posées

What documents does the FDPIC request during an FADP audit?

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The FDPIC has no fixed list, but during an investigation (Art. 49 and 50 FADP), five documents often come up:

1) The record of processing activities (Art. 12 FADP), from which companies with fewer than 250 employees are partly exempt.
2) Proof of consent choices, where you rely on consent (EU visitors, Google's policy).
3) The safeguards for data transfers outside Switzerland (Art. 16 FADP, for example the Swiss-U.S. DPF or standard clauses) and, if the processing is high-risk, an impact assessment (Art. 22 FADP).
4) Technical proof that non-essential trackers respect the visitor's choice (data protection by design and by default, Art. 7 FADP).
5) The processing agreements with your service providers (Art. 9 FADP).

Who pays the FADP fine in case of non-compliance: the company or the director?

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The FADP targets the natural person responsible for an intentional violation (for example the person who took the decision within the company), not automatically the director. The fine can reach CHF 250,000 and is imposed by cantonal criminal authorities; the FDPIC itself does not impose fines.

Where identifying the responsible person would require disproportionate investigation, the company can be fined up to CHF 50,000 (Art. 64 FADP). The European GDPR, by contrast, penalises the company.