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What is the legal age of adulthood/ majority in your jurisdiction? Are all persons below this age considered a child/ minor?
According to the Swiss Civil Code, all individuals below the age of 18 are considered minors for purposes of Swiss law.
Has the UNCRC been directly incorporated into national law in your jurisdiction?
Partially.
Due to the broad scope of the UNCRC and the fact that key areas of child protection in Switzerland fall under the jurisdictions of the cantons rather than the Confederation, there is no single ‘UNCRC act’. Instead, various provisions of the UNCRC have been incorporated into different cantonal and federal laws. However, not all the provisions of the UNCRC have been implemented yet. For example, there are cantonal differences in whether and to what extent the right to participation according to art. 12 UNCRC is implemented.
Is there an ombudsperson/ commissioner for children in your jurisdiction?
No.
Switzerland does not yet have a governmental ombudsperson office for children's rights. However, there are private initiatives that are financially supported by the federal government and the cantons.
If there is an ombudsperson/ commissioner for children in your jurisdiction, do they have any responsibility for upholding children’s rights in the digital world or does the relevant regulator have sole competence?
No.
The relevant regulator, i.e. the federal or cantonal legislator competent in governing a specific area of law (as determined by the federal constitution), has exclusive authority for upholding children's rights in the digital world. If a legislator regulates certain aspects of the digital world for children, such as the use of social media, they are also responsible for ensuring that children's rights are upheld, by way of the enacted legislation or regulation itself or by designating a competent body to supervise the implementation or to enforce such rights.
Is there any standalone requirement to collect the consent of one or both parents when processing a child’s personal data (irrespective of any other obligations, e.g. the requirement to have a legal basis for processing)?
No.
Under the Federal Act on Data Protection and corresponding ordinance (applicable to processing by private parties and federal bodies), processing by private parties is generally permitted if the general data processing principles are complied with. Justification (such as consent) is generally only required if processing principles are not complied with.
Varying rules may apply to federal bodies (which require a statutory basis for processing) and cantonal and municipal bodies under cantonal data protection laws.
The following applies if consent is relied on as a justification: Under the Swiss Civil Code, only in cases involving minors who lack the capacity of judgement, the consent of the parent substitutes the minor's consent, unless a right is so strictly personal that any form of representation is excluded (e.g. medical procedures without a curative purpose, i.e. cosmetic surgery – they cannot be performed at all if the minor lacks capacity of judgement, as they then cannot consent themselves and substitution is excluded).
Accordingly, minors with the capacity of judgement can consent for themselves.
The validity of consent under Swiss law for minors is therefore irrespective of the age of adulthood/majority but rather relates solely to a minor’s capacity of judgement, which is relative but (e.g. for data processing matters) is customarily assumed in practice to be the age of 13 (unless there are indications to the contrary such as a mental disability or disorder, intoxication or similar circumstances).
At what age can children legally consent to the processing of their own personal data, such that parental permission/ consent is not required?
Customarily
Children can legally consent to the processing of their own personal data (without the requirement or possibility of parental permission/consent) to the extent they possess the requisite capacity of judgement. This capacity is relative but customarily assumed from the age of 13 (unless there are indications to the contrary).
Are there specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data?
No.
No specific legal requirement applies under the Federal Act on Data Protection and corresponding ordinance (FADP) in relation to the collection of parental consent/permission. However, the general rules prescribe that consent is only valid if it has been provided voluntarily for one or several processing operations and is based on appropriate information.
For the processing of sensitive data, high-risk profiling, or profiling by a federal body, such consent must be explicit.
There is also no specific legal requirement under the FADP regarding the verification of parental consent or permission. However, since consent serves as a justification that must be evidenced by the controller, it is advisable to appropriately verify parental consent or permission.
Varying rules may apply to cantonal and municipal bodies under cantonal data protection laws.
Are there any particular information or transparency requirements concerning the processing of children’s personal data?
No.
No specific legal requirement applies under the Federal Act on Data Protection and corresponding ordinance (FADP) as to information or transparency concerning the processing of children's personal data.
That being said, the appropriate information on processing (as legally required to be provided to data subjects under the FADP) must be precise, transparent, comprehensible, and easily accessible. These requirements are particularly relevant with respect to minors and may necessitate the use of simpler language.
Varying rules may apply to cantonal and municipal bodies under cantonal data protection laws.
Can children directly exercise their rights in relation to their personal data without the involvement of their parents?
Yes.
As there are no specific provisions relating to the age at which children can directly exercise their rights under the Federal Act on Data Protection and corresponding ordinance (or cantonal data protection laws for that matter), the general rules apply. I.e., if they have the requisite capacity of judgement in relation to the exercise of any such right, then they may do so independently.
Can children make complaints on their own behalf directly to your national data protection/ privacy regulator(s)?
Yes.
As there are no specific provisions on the age at which children can complain to the federal (or cantonal) data protection authority, the general rules apply. i.e., if they have the requisite capacity of judgement in relation to such complaint, then they may do so independently.
Are there any particular requirements/ prohibitions related to:
a. processing specific types of children’s personal data;
b. carrying out specific processing activities involving children’s personal data; and/ or
c. using children’s personal data for specific purposes.
No.
No such specific legal requirements/prohibitions apply under the Federal Act on Data Protection and corresponding ordinance (FADP). However, the general rules prescribe that:
- prior to processing sensitive data (as defined under the FADP) on a large scale, a data protection impact assessment must be conducted;
- sensitive data must not be disclosed to third parties;
- if consent is relied on as a justification for the processing of sensitive data or high-risk profiling (as defined under the FADP), such consent must be given explicitly; and
- automated processing of sensitive data on a large scale or high-risk profiling requires logs to be kept and regulations to be drawn up.
Additional requirements apply to the processing of sensitive data or profiling by federal bodies and, potentially, by cantonal/municipal bodies (pursuant to cantonal data protection laws).
Has there been any enforcement action by your national data protection/ privacy regulator(s) concerning the processing of children’s personal data? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Further, note that Swiss data protection authorities may conduct investigations and impose binding measures. However, they do not have the authority to issue sanctions or award damages. Such authority is reserved for the cantonal prosecution authorities and courts, respectively.
Are there specific rules concerning electronic direct marketing to children?
No.
There are no specific rules for electronic direct marketing targeted exclusively at children; therefore, the general rules apply. Under the Federal Act on Unfair Competition , prior consent from intended recipients must be obtained (opt-in principle) before engaging in unsolicited mass advertising, such as emails, SMS, or automated calls. Minors may provide such consent if they possess the relevant capacity of judgement.
By way of exception, if a mass advertiser obtains the contact details of intended recipients during the sale of its products or services to them and if those recipients were given the opportunity to decline mass adverts at the time of sale (opt-out principle), mass adverts may be sent to these individuals without consent, provided that the mass advert relates to similar products or services offered by the mass advertiser (or its affiliates).
In any event, every mass advert must provide for the mass advertiser’s correct name, address, and email, along with an easy and cost-free option to refuse further (mass) adverts.
For the sake of completeness, electronic direct marketing must also comply with the requirements set out in the Federal Act on Data Protection and corresponding ordinance.
Finally, other federal and cantonal laws restrict advertising in general of certain products (e.g. containing certain substances, such as alcohol, tobacco or nicotine) to protect minors. For further information, see the response to this question.
Are there specific rules concerning the use of adtech tracking technologies, profiling and/or online targeted advertising to children?
No.
There are no specific rules relating to the use of tracking technologies, profiling, and/or online targeted advertising aimed exclusively at children; therefore, the general rules apply.
With respect to targeted advertising, this form of advertising often relies on personal browsing data and therefore involves the processing of personal data, unless conducted in a pseudonymized manner. Consequently, it must comply with the Federal Act on Data Protection and corresponding ordinance (FADP), particularly its general data processing principles. If any of these principles are not adhered to, a justification (most notably consent) is required. Minors may provide consent if they possess the relevant capacity of judgement.
The FADP also provides that if consent is relied on as a justification for high-risk profiling, such consent must be given explicitly and high-risk profiling by automated means generally necessitates logs to be kept and regulations to be drawn up.
Again, additional requirements apply to profiling by federal bodies and possibly by cantonal/municipal bodies (pursuant to cantonal data protection laws).
Further, tracking through the use of cookies or similar technologies generally requires compliance with both, data protection laws and the Federal Telecommunications Act (TCA). Under the TCA, organisations must inform users about the deployment of cookies, their purposes and use, and the right of refusal. Where interactive cookie banners provide several options to users, an opt-in regime must be applied so that the deployment of unnecessary cookies is neither activated nor pre-ticked, in compliance with the principle of Privacy by Default as set forth by the FADP.
Finally, general restrictions on advertising certain products/services to minors as well as the provisions of the Federal Act on Unfair Competition (UCA) must also be observed. The UCA prohibits misleading business practices, including advertising, and when adverts target children, they must be adapted to account for their inexperience.
Are there specific rules concerning online contextual advertising to children?
No.
There are no specific rules on online contextual advertising whether targeted at adults or minors.
Although there is no legal definition of ‘contextual advertising’ in Switzerland, it is commonly understood that such methods rely solely on the on-screen content displayed, adapting adverts accordingly in a general manner, and therefore typically do not involve personal data processing. However, if contextual advertising includes personal data processing – such as collecting and analysing user identifiers that may be linked to a specific individual to better match adverts to the on-screen content – then applicable data protection legislations must be complied with.
Also, general restrictions on advertising certain products/services to minors, the Federal Act on Unfair Competition and – if cookies are deployed – the Federal Telecommunications Act must be observed.
Has there been any regulatory enforcement action concerning advertising to children? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A.
At what age does a person acquire contractual capacity to enter into an agreement to use digital services?
Generally,
As there are no specific provisions on the age at which children can conclude digital services contracts, the general rules apply.
The Swiss Code of Obligations and the Swiss Civil Code (CC) apply to the conclusion of contracts in general.
Under the CC, persons generally acquire full capacity to act, and thus the ability to conclude contracts, upon reaching the age of majority (18 years) and having the capacity of judgement. Minors who lack the capacity of judgement cannot independently conclude contracts, whereas minors with the capacity of judgement can enter into contracts in the following exceptional circumstances:
- with the consent of their parent; OR
- without the consent of their parent (i.e. independently), if the contract concerns (i) acceptance of free-of-charge advantages; (ii) conducting minor everyday transactions; or (iii) disposing of their pocket money or income earned through own work (or assets received from a parent to pursue their own profession or business).
Do consumer protection rules apply to children?
Yes.
There is no dedicated federal (or cantonal) law comprehensively governing consumer protection. Instead, relevant consumer protection rules and standards are enshrined in various federal laws and ordinances, such as the Federal Act on Consumer Information, the Federal Act on Unfair Competition and Price Disclosure Ordinance, the Federal Act on Private International Law or the Federal Act on Consumer Credits.
Although ‘consumers’ are defined differently in various Swiss laws, consumers are essentially private end-users, i.e. individuals, who purchase goods or services (of ordinary consumption) for private purposes/use (i.e. unrelated to their commercial or professional activities).
As minors can also legally acquire goods and services within the scope of their capacity of judgement, then they will equally be considered to be consumers if they meet the legal consumer definition. To that end, consumer protection regulations equally apply to children.
Consumer protection rules must also always be considered in the context of the ‘average consumer’, so if children are specifically targeted (or the seller/provider is aware children make up a substantial part of their customer base) compliance with consumer protection rules includes tailoring advertisements with the inexperience of children in mind.
Are there any consumer protection rules which are specific to children only?
No.
General restrictions apply to the sale and advertising of certain products, such as tobacco, nicotine products for oral use, e-cigarettes, and alcoholic beverages, to minors. For further information, see the response to this question.
Additionally, the Federal Act on Unfair Competition prohibits any misleading conduct or business practices, including misleading advertising. Whether advertising is misleading must be assessed based on the specific circumstances of the advertisement, such as the nature of the claims, how they are presented to the public, and how the target audience is likely to interpret them. When advertisements are directed at children, they must be adapted to account for their inexperience.
For additional consumer protection rules applicable to adults and minors alike, see the response to this question.
Finally, children are protected from commercial exploitation by legal limitations on their ability to enter into binding contracts without the involvement of their parent. For further information, see the response to this question.
Has there been any regulatory enforcement action concerning consumer protection requirements and children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A.
Are there any age-related restrictions on when children can legally access online/ digital services?
Partially.
There are no specific age-related restrictions on when children can legally access online/digital services per se, however, selective federal and cantonal regulations for the protection of minors regarding certain products, services and industries apply. Restrictions regarding minors are, e.g., foreseen regarding the following products, services and industries:
- sale or making available of alcoholic beverages (to minors under 16/18) and related advertising (pursuant to the Federal Act on Distilled Waters, the Federal Act on Foodstuffs and Utility Articles and corresponding ordinance, the Federal Act on Radio and Television and corresponding ordinance (RTVA), and cantonal protective laws for visiting bars, clubs and restaurants);
- sale or making available of tobacco, nicotine products for oral use, and e-cigarettes and related advertising (pursuant to the Federal Act on Tobacco Products and Electronic Cigarettes);
- casino visits, participation in casino games and gambling online and related advertising (pursuant to the Federal Act on Gambling);
- sale or making available of movies and video games and related advertising (pursuant to the Federal Act on the Protection of Minors in the Areas of Film and Video Games and corresponding ordinance; entered into force on 1 January 2025);
- broadcasting (i) kids' shows (must be free of advert-interruptions), (ii) content unsuitable for minors or (iii) adverts targeted to or depicting minors (pursuant to the RTVA); and
- sale or making available of pornography (to minors under 16) and related advertising (pursuant to Art. 197 of the Swiss Criminal Code).
If such services, products and industries are offered, sold or advertised online, the same restrictions apply (technology neutrality), and respective providers and sellers are obliged to carry out age checks. For further information, see the response to this question.
Are there any specific requirements relating to online/ digital safety for children?
No.
There are no generally applicable requirements relating to online or digital safety of children.
In this regard, parents, teachers or other specialists are called upon to supervise their children's use of the Internet. The Federal Social Insurance Office has operated the National Platform for the Promotion of Media Literacy (https://www.jugendundmedien.ch/) since 2011, where one can find many recommendations and tips on how to discuss such topics with children and adolescents and how to raise their awareness of the use of digital media.
Are there specific age verification/ age assurance requirements concerning access to online/ digital services?
Partially.
There are no generally applicable age verification/assurance requirements on accessing online/digital services; however, the following list of non-exhaustive acts and ordinances stipulate age checks for certain products and services (whether offered or sold offline or online):
- Under the Federal Act on Gambling, minors are not allowed to play casino games or gamble online; therefore appropriate age checks must be carried out.
- Under the new Federal Act on the Protection of Minors in the Areas of Film and Video Games and corresponding ordinance (PMFVA), stakeholders involved in the production, lending, distribution, trading, or making available to consumers of films or video games, as well as providers of platform services primarily intended for upload and download of films and video games by users, will be required to conduct age verifications. The PMFVA does not apply to commercials and contributions created by an editorial team, television programs of Swiss broadcasters, time-delayed television, further editorial programming of the Swiss Broadcasting Corporation, or gambling providers.
- Since 1 October 2024, tobacco, nicotine products for oral use, and e-cigarettes may no longer be sold to minors, therefore an age check must also be carried out when selling respective products (online).
- Under the Federal Act on Distilled Waters and Federal Act on Foodstuffs and Utility Articles and corresponding ordinance, alcoholic beverages may not be sold to minors under 16 (18 in case of spirits); therefore age checks must be conducted.
None of the above laws prescribe a specific method for age verification carried out online, rather this is left at the discretion of the relevant stakeholders. Addiction associations often criticize such age controls as being too lax. For example, in the case of pornography neither law nor case law define what security or blocking measures are considered sufficient on the Internet.
In case of the PMFVA, age verification must be within the framework of a Youth Protection Regulation (YPR) to be issued by the relevant industry organization and approved by the Federal Social Insurance Office. Until a YPR is issued and approved, the rules set out under the PMFVA are not directly enforceable. If no YPR has been declared binding until 1 January 2027 (or if a YPR has been revoked), the Federal Council may step in and issue a YPR. Also, advertising (non-pornographic) movies and video games for adults is not per se prohibited or restricted, but the YPR must account for the handling of adverts and trailers made available in connection thereto.
Are there requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services?
Yes.
The Federal Act on the Protection of Minors in the Areas of Film and Video Games and corresponding ordinance stipulates that providers of streaming services must implement a solution for parental controls and providers of platform services must also implement a function for users to report content inappropriate for minors.
The Telecommunications Services Ordinance prescribes that providers of internet access must inform their customers about the options for protecting minors on the internet. They must support their customers individually in the application of specific protection options. Further, telecommunication services providers (TSPs) must block value-added services for minors under the age of 16. Based on the foregoing, leading Swiss TSPs have adopted an industry initiative for media protection of minors (which is binding for the participating TSPs).
Has there been any regulatory enforcement action concerning online/ digital safety? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A.
Are there any existing requirements relating to children and AI in your jurisdiction?
No.
However, in February 2025, the Federal Council published Switzerland’s regulatory approach on AI. Although the Council of Europe Framework Convention on Artificial Intelligence (AI Convention) will be implemented into Swiss law, only where necessary, sector-specific adjustments shall be made to existing laws.
General, cross-sector regulation shall remain limited to key areas relevant to fundamental rights, such as data protection. In other words, Switzerland will not get a new/comprehensive AI legislative instrument. Thus, unlike for data protection, there will be no EU-comparable AI-related regulation in Switzerland.
As regards protection of minors, reference is made to Article 18 of the AI Convention (requiring ratifying states to take due account of any specific needs and vulnerabilities in relation to respect for the rights of persons with disabilities and of children), which must be considered when ratifying and implementing the AI Convention.
Are there any upcoming requirements relating to children and AI in your jurisdiction?
No.
However, note that by the end of 2026 a consultation draft relating to the Council of Europe Framework Convention on Artificial Intelligence (AI Convention) will be drawn up, to include necessary legal measures to implement the AI Convention.
Has there been any other regulatory enforcement activity to date relevant to children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A.
Are there any other existing or upcoming requirements relevant to children’s use of digital services?
Yes.
For further information regarding the PMFVA (entering into force on 1 January 2025), see the responses to this question and this question respectively.
Contributors
Leo Rusterholz
Valfor
Martina Reber
Valfor
Marsha Karas
Valfor
Sophie Haldimann
Valfor
