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As a web or marketing agency director in French-speaking Switzerland, you walk a tightrope. On one side, your clients demand performance (leads, sales, ROAS). On the other, the legal framework has tightened with the nFADP (New Data Protection Law) and the European standards of the GDPR.
Ignoring compliance risks fines for your clients and, worse, losing their trust during an audit. But locking it down too tightly without a strategy kills data harvesting.
At A-Track, we believe that well-managed compliance is a business lever, not a brake. Here is your expert guide to navigate between Bern and Brussels without sacrificing tracking.
What are the nFADP and the GDPR? (Definition)
To begin, let’s lay the essential factual foundations to understand the technical stakes:
The nFADP (Switzerland): This is the Federal Act on Data Protection, which came into force on September 1, 2023. It aims to protect the personality and fundamental rights of individuals whose data is processed. It introduces criminal sanctions (up to 250,000 CHF) directly targeting executives.
The GDPR (Europe): The General Data Protection Regulation is the EU standard. It is extraterritorial: a Swiss company targeting European clients is subject to it.
The fundamental difference for agencies? Historically, the nFADP is more “flexible” on consent (the principle of possible Opt-out except for sensitive data), while the GDPR requires strict Opt-in (explicit consent before any tracking).
Why the
Want to secure your agency's website portfolio?
Don't let nFADP compliance be your agency's weak point. At A-Track, we audit and ensure compliance for your clients' websites in white label or direct partnership.
