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Switzerland Recording Laws: All-Party Consent, Penalties & 2025 Updates

By Recording Law Editorial TeamReviewed May 15, 202625 min read
Switzerland Recording Laws: All-Party Consent, Penalties & 2025 Updates

Frequently Asked Questions

Is it legal to record a phone call in Switzerland?

Only if every person on the call consents before recording starts. Switzerland is an all-party consent jurisdiction under StGB Art. 179ter. A participant who records a call without the other participants' permission commits a criminal offense punishable by up to one year in prison or a monetary penalty. The only exceptions are calls to emergency services and routine bulk business transactions such as orders and reservations under Art. 179quinquies.

What is the penalty for secretly recording someone in Switzerland?

Penalties depend on the nature of the offense. Eavesdropping on or recording a conversation you are not part of carries up to 3 years in prison or a monetary penalty under StGB Art. 179bis. Recording a conversation you are part of without the other participants' consent carries up to 1 year in prison under Art. 179ter. Unauthorized visual recording of private activities carries up to 3 years under Art. 179quater. Additional fines of up to CHF 250,000 may apply under the revFADP for unlawful processing of the recording. All StGB offenses require a complaint from the affected party.

Can my employer record calls at work in Switzerland?

Employers may record business calls only with the consent of all participants and after providing employees with clear written notice about the monitoring system, its purpose, and data retention policies. Private calls may never be recorded or monitored. The FDPIC requires employers to distinguish between private and business calls. Technical metadata such as call numbers, times, and durations may be retained for a maximum of 6 months. Art. 26 of ArGV 3 prohibits monitoring systems used primarily to surveil employee behavior. Unauthorized workplace recording can result in both criminal prosecution and civil claims for personality rights violations under OR Art. 328.

Does Switzerland's recording law apply to video calls on Zoom or Teams?

Yes. The all-party consent requirement under StGB Arts. 179bis and 179ter applies to all private conversations including video conferences. The built-in recording notification on Zoom, Teams, or Webex is not sufficient under Swiss law. Actual consent must be obtained from every participant before recording begins. Participants must have the opportunity to object, and the call must proceed without recording if anyone declines.

Are there any situations where I can record without consent in Switzerland?

Art. 179quinquies provides two narrow exceptions for telephone conversations only: calls to emergency, rescue, and security services, and telephone conversations involving routine bulk business transactions such as orders, reservations, and standardized contracts. These exceptions do not cover complaints, advisory calls, complex negotiations, or any in-person conversation. Outside these exceptions, all-party consent is always required.

Can I film or record police in Switzerland?

Switzerland has no law banning citizens from filming police in public spaces. Cantonal police commanders have publicly stated that a general filming ban is not compatible with a liberal constitutional state. However, audio recording of a conversation with a police officer requires that officer's consent under StGB Art. 179ter; only video without audio of public police activity falls in a different category. Publishing recordings of police online may engage ZGB Art. 28 image rights and revFADP personal data rules. Legal advice is recommended before distributing any police recording.

Is it illegal to share intimate images without consent in Switzerland?

Yes. StGB Art. 197a, in force since July 1, 2024, criminalizes non-consensual distribution of sexual content to third parties. This provision covers revenge porn and non-consensual intimate image (NCII) sharing. The offense is prosecutable on complaint and carries up to 3 years in prison or a monetary penalty. The underlying recording may have been made consensually; it is the non-consensual distribution that Art. 197a targets. Unauthorized intimate recordings may additionally engage StGB Art. 179quater and ZGB Art. 28.

Are deepfakes illegal in Switzerland?

Switzerland has no specific deepfake legislation. On May 7, 2025, the House of Representatives rejected a motion to introduce deepfake-specific rules by a vote of 111 to 70. The Swiss government's position is that existing laws are sufficient. Deepfakes affecting someone's personality rights may violate ZGB Art. 28. Non-consensual sexualized deepfakes may fall within StGB Art. 197a. Fraudulent deepfakes may engage criminal fraud provisions. Swiss companies deploying AI systems in EU markets must also comply with the EU AI Act's provisions on AI-generated content.

Does GDPR apply in Switzerland?

Switzerland is not in the EU and does not implement the GDPR domestically. Switzerland has its own revFADP (revised Federal Act on Data Protection), in force since September 1, 2023, which is designed to be broadly equivalent to the GDPR. However, Swiss companies that offer goods or services to EU/EEA consumers or monitor their behavior must comply with the GDPR under its Art. 3 extraterritorial scope, in addition to the revFADP. The European Commission recognizes Switzerland as providing adequate data protection, so personal data flows freely from the EU to Switzerland without additional transfer mechanisms.

What is the limitation period for filing a complaint about an illegal recording in Switzerland?

Under Swiss criminal procedure, the complaint window for StGB recording offenses is generally three months from the date the affected person learned the identity of the offender. The limitation period (Verjährungsfrist) for prosecuting the underlying offense depends on the provision. Under article 97 paragraph 1 StGB it is seven years for article 179ter, whose maximum penalty is one year, and ten years for articles 179bis and 179quater, whose maximum is three years. Do not confuse this with the separate three month complaint window above. Complaints are filed with the cantonal Staatsanwaltschaft (prosecution office) in the canton where the offense occurred or where the offender is located.

Sources and References

  1. Swiss Criminal Code (StGB), Art. 179bis: Listening In on and Recording the Conversations of Others(fedlex.admin.ch).gov
  2. Swiss Criminal Code (StGB), Art. 179ter: Unauthorised Recording of Conversations (Bilingual Text)(droit-bilingue.ch)
  3. FDPIC: When the Recording of Conversations Is Allowed and When Not(edoeb.admin.ch).gov
  4. Swiss Criminal Code (StGB), Art. 197a: Non-Consensual Distribution of Intimate Content (in force July 1, 2024)(legal12tablesavocats.ch)
  5. Swiss Civil Code (ZGB), Art. 28 and Art. 28a: Protection of Personality Rights(fedlex.admin.ch).gov
  6. Revised Federal Act on Data Protection (revFADP), in force September 1, 2023(kmu.admin.ch).gov
  7. Federal Constitution of the Swiss Confederation, Art. 13 (Right to Privacy)(fedlex.admin.ch).gov
  8. FDPIC: Telephone Monitoring in the Workplace(edoeb.admin.ch).gov
  9. FDPIC: Monitoring Systems in the Workplace(edoeb.admin.ch).gov
  10. FDPIC: Telecommunications Confidentiality and Surveillance of Telecommunications(edoeb.admin.ch).gov
  11. FDPIC: Video Surveillance of Public Places by Private Individuals(edoeb.admin.ch).gov
  12. BGE 133 IV 249 (Bundesgericht: admissibility of privately obtained recordings)(servat.unibe.ch)
  13. SWI swissinfo.ch: Switzerland Rejects Deepfake Regulation (May 2025)(swissinfo.ch)
  14. SWI swissinfo.ch: Cantons Oppose Moves to Ban Citizen Filming of Police Arrests(swissinfo.ch)
  15. CCdigitallaw.ch: Right of Personality and Data Protection in the Event of Photos (ZGB Art. 28)(ccdigitallaw.ch)
  16. Swiss Federal Council: New Federal Act on Data Protection (nFADP)(kmu.admin.ch).gov
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