Cookie banners in Switzerland: what small businesses need to know
Do you need a cookie banner in Switzerland? What Swiss law and the EU rules require, when consent is needed, and the most common mistakes on websites.
- Websites
Photo: Swiss Educational College / Unsplash
Almost every website shows one, and many small businesses wonder whether they need one too. The short answer: it depends on which tools your website uses and who visits it. This article is an overview, not legal advice.
What Swiss law requires
- Information: under the Swiss Data Protection Act, in force since September 2023, you must inform visitors which personal data you process, e.g. in a privacy policy.
- Cookies: the Telecommunications Act requires that visitors are informed about cookies and told how they can refuse them.
- No general consent duty: unlike in the EU, Swiss law does not require prior consent for every analytics cookie.
When the EU rules apply too
If your website also addresses visitors from the EU, e.g. customers in Germany or Austria, the EU rules apply to them: analytics and advertising cookies may only be set after the visitor has agreed. Necessary cookies, e.g. for a shopping cart, are allowed without consent. That is why many Swiss businesses use a banner for everyone.
The most common mistakes
- Tracking starts before consent: the banner is shown, but Google Analytics or the Facebook pixel loads right away.
- No equal way to refuse: a big "Accept" button and a hidden "Reject" link.
- The banner does not match reality: tools are used that are not listed, or the list is outdated.
- No privacy policy, or an old one: visitors cannot find out what happens with their data.
How to check your website
Our free website check shows which tracking tools your website loads, whether they start before consent and whether a privacy policy and legal notice are linked. It takes a minute and you get a report by email if you like.
What we recommend
Use a banner with an equal choice to accept or reject, load analytics and ad tools only after consent, keep the list of tools up to date and link a current privacy policy. We set this up for you and test it.
