The revised Federal Act on Data Protection
Since September 2023 the revised Federal Act on Data Protection (FADP, in German revDSG) applies. Video surveillance by companies must follow its principles: a recognisable purpose, proportionality, transparency (people must be able to see that they are filmed) and data security. A data protection impact assessment is required where processing poses a high risk, which systematic monitoring of large public areas can do. The Federal Data Protection and Information Commissioner (FDPIC) publishes guidance on video surveillance.
This page is general information, not legal advice. The assessment for your site stays with your data protection officer and, where needed, your lawyer.
Labour law: no systems to monitor behaviour
Swiss labour law prohibits surveillance and control systems whose purpose is to monitor employees' behaviour at the workplace (Art. 26 of Ordinance 3 to the Labour Act, ArGV 3). Where such systems are needed for other reasons, such as safety or protecting property, they must be designed and placed so that they do not impair employees' health and freedom of movement.
That fits an event-based setup: alerts for intrusion after hours, fire and smoke or entry into a danger zone, without identifying or tracking people and without figures per employee. Employees must be informed, and where an employee representation exists, it should be involved early.
Does the EU AI Act apply?
Not directly. It does apply to providers and deployers outside the EU when the output of an AI system is used in the EU, for example when a Swiss group monitors sites in Germany or Austria from Switzerland. Switzerland has announced its own approach based on the Council of Europe convention on AI. For Swiss sites, the FADP and labour law are the binding frame today.
ProDataAI Lens at Swiss sites
ProDataAI Lens can run in your own cloud or fully on your premises, so footage stays in Switzerland if you need that, or in an EU cloud environment. The data protection and security pack is written for German law and is adapted to the FADP by your data protection adviser.
Frequently asked questions
Is video surveillance of employees allowed in Switzerland?
Systems whose purpose is to monitor employees' behaviour are prohibited. Cameras for other purposes, such as safety or protecting property, are possible if they are proportionate and do not impair employees' health and freedom of movement.
Can our footage stay in Switzerland?
Yes. ProDataAI Lens can run in your own cloud or on your premises.
Does the EU AI Act affect a Swiss company?
When the system's output is used in the EU, for example for sites in an EU country, yes. For purely Swiss sites, the FADP and labour law apply.