Switzerland: Federal Data Protection and Information Commissioner released guidelines on data processing using cookies and similar technologies (Version 1.1)

On 6 October 2025, the Federal Data Protection and Information Commissioner (FDPIC) released version 1.1 of the guidelines on data processing using cookies and similar technologies, updating the first finalised version of 22 January 2025. The revised guidelines introduce several additions and clarifications, including an expanded footnote 5, a new sentence in section 3.1.2 on personal identifiability through cookies, and a clarification in the final sentence of section 3.2.2 regarding data collection by third parties. Further updates include additions in section 3.5.2 on the principle of proportionality, clarifications in section 3.6 on the permissibility of non-essential cookies, and an addition in section 3.8.1 on contractual use. Section 3.9 now contains a new reference on the right to reject cookies and default settings, while section 3.10.1 includes clarifications on qualified use of cookies involving high-risk profiling. The FDPIC also added new material in section 3.11.1 and clarifications in section 3.11.3 on embedded third parties, a new paragraph in section 3.12.3 on specific consent, and further clarification in section 3.12.4 on voluntary consent, particularly concerning free services and cookie paywalls. The updated guidelines continue to set out data protection requirements under the Federal Data Protection Act (FADP) and Article 45c of the Telecommunications Act (TCA), drawing on judicial precedent, supervisory practice, and academic opinion.