REP27 · Article 27 · Switzerland
Article 14 nFADP · nLPD · nDSG
Since September 2023 the Swiss Federal Act on Data Protection asks companies outside Switzerland to appoint a representative there, but only when four conditions hold at the same time. Most companies meet one or two. With every paid EU representative plan (Article 27 GDPR) you confirm the four answers and receive a signed declaration of exemption, free.
The test, in one minute
Article 14 nFADP applies to private controllers with their seat or domicile abroad. The conditions are cumulative: a single NO is enough to make a Swiss representative unnecessary. Try it with your own processing.
You offer goods or services to people in Switzerland, or monitor their behaviour.
The processing concerns a large number of people in Switzerland, not a few customers.
It happens continuously or repeatedly, not occasionally.
For example sensitive data such as health, profiling, or tracking that could seriously affect people.
Result
All four conditions are met. Article 14 nFADP asks you to appoint a representative in Switzerland. Europe Services, SE does not act as Swiss representative, but we will tell you so in writing and can put you in contact with one.
Talk to usIndicative only. The binding answers are the ones you confirm and sign in your REP27 Swiss form.
How it works with REP27
No new form to fill from scratch: the Swiss form opens with the data you already gave for your EU designation.
With the approval email of your EU representative plan, or right after payment if you started with a free trial.
Company, signatory, processing and EU designation are already there. You read them, nothing to retype.
The answers are proposed from your designation. You confirm or change them and sign.
Countersigned by Europe Services, SE, sent by email as a PDF and verifiable online by anyone.
Two possible outcomes
The result depends only on your answers. Both outcomes are documented and signed.
Article 14(1) nFADP: private controllers with their seat or domicile abroad that process personal data of persons in Switzerland must designate a representative in Switzerland if the processing is connected with offering goods or services in Switzerland or with monitoring the behaviour of these persons, is carried out on a large scale, is regular, and involves a high risk for the personality of the data subjects.
Questions
No. Switzerland is outside the EU and the European Economic Area, and the nFADP has its own rule in Article 14. Your Article 27 designation covers the 27 EU Member States plus Norway, Iceland and Liechtenstein; Switzerland is assessed separately, which is exactly what the free declaration does.
Every company with a paid EU representative plan (Article 27 GDPR), from the Base plan upwards. If you started with the free trial, the link arrives as soon as the trial is paid.
No. The Swiss form shows the data you already gave for your EU designation. You check it, confirm four answers and sign. It takes a couple of minutes.
No. It records the answers you declare and sign, countersigned by Europe Services, SE. Your company remains responsible for their accuracy. It does not bind the Federal Data Protection and Information Commissioner (FDPIC).
If your processing becomes large-scale, regular and high-risk, for example, a new declaration must be made. Write to us and we send a new link.
EU representative · Switzerland included
Europe Services, SE in Prague as your Article 27 representative for the whole European Economic Area, appointed within 24 hours, with the Swiss declaration under Article 14 nFADP free with every paid EU representative plan.
See the plans