Yes, two-party consent recording is legal in Switzerland, but strict privacy laws under the Federal Act on Data Protection (FADP) and the Criminal Code (Art. 179 bis) impose critical limitations. Recordings require explicit consent from all parties, with unauthorized interception punishable by up to five years imprisonment. The 2026 FADP revision tightens compliance, mandating clear disclosure of recording purposes and data retention periods.
Key Regulations for Two-Party Consent Recording in Switzerland
- Explicit Consent Requirement: All parties must be informed before recording begins (FADP Art. 4, 2026 revision). Silence or implied consent is legally insufficient.
- Purpose Limitation: Recordings must serve a legitimate interest (e.g., evidence, journalism) and cannot exceed this scope without additional consent (FADP Art. 6).
- Data Security & Retention: Recordings must be stored securely, with deletion required once the purpose is fulfilled (FADP Art. 7). Unauthorized sharing violates Art. 179 bis of the Criminal Code.
Violations trigger enforcement by the Federal Data Protection and Information Commissioner (FDPIC), which can impose fines up to CHF 250,000 (2026 FADP). Exceptions exist for public figures in public spaces, but even these require proportionality assessments. Employers recording workplace communications must adhere to labor laws and collective bargaining agreements.