Switzerland: Closed investigation into Oracle over alleged illegal tracking practices

On 6 October 2023, the Swiss Federal Data Protection and Information Commissioner (FDPIC) closed its investigation into Oracle over alleged illegal data tracking practices. The FDPIC found that Oracle's data processing did not violate the privacy rights of internet users in Switzerland. The investigation was initiated following a class action lawsuit against Oracle in the US in order to determine whether the claims brought forward affected individuals residing in Switzerland. The FDPIC focused on whether Oracle collected data from internet users and used it for advertising purposes while ensuring that the privacy of individuals residing in Switzerland was not compromised. Oracle credibly explained that it did not offer data processing operations of this kind in Switzerland. Further, the company also took technical measures to prevent the use of information about individuals in Switzerland for advertising purposes. Furthermore, Oracle no longer provided data broker services to entities offering data in Switzerland, and they had terminated services related to data of individuals residing in Switzerland for several years. The FDPIC also noted that Oracle ceased providing the “AddThis” service by 31 May 2023. Based on this information, the FDPIC concluded that the tracking technologies at issue in the US class action did not pose a risk to violating personality rights in Switzerland. As a result, the FDPIC terminated its investigation and decided not to initiate formal proceedings.