What is Google Consent Mode v2?

It is a mechanism that lets your Google tags (Analytics, Ads) adjust their behaviour based on the visitor's choice in the cookie banner. Version 2 adds the ad_user_data and ad_personalization parameters. Google has required it for EEA data since March 2024 and has also applied it to Switzerland since 31 July 2024: without consent signals, advertising features (remarketing, audiences, conversion measurement) are limited.

Who is responsible in case of a fine: the agency or the client?

In Switzerland, FADP fines (up to CHF 250,000) target the natural person responsible for an intentional violation, usually within the client company, and are imposed by cantonal criminal authorities. Where identifying that person would require disproportionate investigation, the company itself can be fined up to CHF 50,000 (Art. 64 FADP). The agency, for its part, may face contractual liability if it failed in its duty to advise or performed its mandate poorly. In the EU, the GDPR penalises the company (controller or processor).

Is the cookie banner mandatory for a 100% Swiss site?

Not strictly under the FADP, but in practice almost always. In Switzerland, Art. 45c of the Telecommunications Act requires informing visitors about cookies and letting them refuse, and the FADP requires transparent information (privacy policy). Swiss law therefore does not impose a prior-consent banner for a purely Swiss audience. However, Google has applied its EU user consent policy to Switzerland since 31 July 2024: to use Google Ads fully (remarketing, audiences, conversion measurement), you must collect consent and pass it on through Consent Mode v2. As soon as you also target EU visitors, prior consent is required. For a commercial website, a CMP remains the safest option.

Can I use a free plugin for compliance?

It is not recommended for a commercial website. Free plugins often keep up less well with legal and technical changes (Consent Mode v2, IAB TCF 2.3, new cookies to categorise). A professional CMP such as Cookie-Script automates cookie scanning, preventive tag blocking and the passing of signals to Consent Mode. Whatever the tool, test it: no non-essential tag should fire after a refusal.

Compliance — A-Track

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