Yes, scraping public data in Switzerland is generally permissible, but strict compliance with data protection and copyright laws is mandatory. Publicly accessible information does not automatically grant unrestricted use, as the Swiss Federal Act on Data Protection (FADP) and the Swiss Copyright Act (URG) impose critical limitations. The Swiss Data Protection Commissioner (FDPIC) and the Federal Office of Justice (FOJ) enforce these rules, particularly under the 2026 FADP revisions aligning with GDPR principles. Unauthorized scraping risks violating individual privacy or proprietary rights, even for public sources.
Key Regulations for Scraping Public Data in Switzerland
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Federal Act on Data Protection (FADP, 2026 revision): Prohibits scraping personal data without explicit consent, even if publicly available. Automated collection triggering profiling or large-scale processing requires a legitimate interest assessment under Art. 6 FADP. The FDPIC monitors compliance, with penalties up to CHF 250,000 for violations.
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Swiss Copyright Act (URG): Restricts scraping of copyrighted content, including databases or structured public datasets. Exceptions apply only for non-commercial, private use (Art. 19 URG). Commercial extraction requires prior authorization from rights holders, as affirmed by recent FOJ guidance on digital content reuse.
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Unfair Competition Act (UCA): Prohibits scraping that undermines fair market practices, such as bypassing technical protections (e.g., CAPTCHAs) or disrupting service providers. The Swiss Competition Commission (COMCO) investigates abusive scraping under Art. 2 UCA, particularly in B2B contexts.
Organizations must conduct a risk assessment, document legal bases for processing, and implement data minimization. Publicly available does not equate to “public domain”—scrapers bear the burden of proving compliance with Swiss legal frameworks.