Switzerland requires all-party consent — and does so in an unusually direct way. Article 179ter of the Swiss Criminal Code specifically criminalises a participant recording a non-public conversation without the other participants' agreement.
Most jurisdictions that regulate recording target eavesdroppers. Switzerland targets you. Combined with the revised Federal Act on Data Protection in force since September 2023, this makes Switzerland one of the stricter environments in Europe despite sitting outside the EU.
Not legal advice. A practical summary for sales teams. Have Swiss counsel or your DPO review your process before an event.
Article 179ter: aimed squarely at participants
Article 179ter StGB — Unbefugtes Aufnehmen von Gesprächen, "unauthorised recording of conversations" — makes it an offence for a participant in a non-public conversation to record it on a sound carrier without the consent of the other participants.
Compare this with the Netherlands (Article 139a Sr) or Belgium (Article 314bis), which prohibit recording conversations you are not part of. Switzerland closes exactly the gap those provisions leave open.
Article 179bis covers the more conventional case of recording others' conversations. Together they leave very little room.
Penalty: imprisonment up to three years or a monetary penalty. The offence is prosecuted on complaint — the affected person must file — which lowers the practical risk but does not change the legal position.
"Non-public" here follows the same logic as in Germany: a one-to-one booth conversation is non-public regardless of how crowded the hall is.
The revFADP
Switzerland is not in the EU or EEA, so GDPR does not apply directly. Instead the revised Federal Act on Data Protection (revFADP / revDSG) has applied since 1 September 2023, supervised by the Federal Data Protection and Information Commissioner (FDPIC / EDÖB).
The revFADP was deliberately aligned with GDPR to preserve Switzerland's adequacy status. Familiar obligations:
- Transparency — inform data subjects at collection
- Data minimisation and purpose limitation
- Records of processing activities
- Data protection impact assessments for high-risk processing
- Breach notification to the FDPIC
- Data subject rights of access, correction and deletion
The unusual part: personal criminal liability
Under GDPR, penalties are administrative fines on the organisation. Under the revFADP, certain intentional breaches — including failing to provide required information — can attract criminal fines of up to CHF 250,000, imposed on the responsible natural person.
That is a genuine difference. An individual employee or manager can be personally fined. It changes how seriously Swiss organisations treat process compliance, and it should change how seriously your booth team treats the consent script.
GDPR may still apply
If your business also targets or monitors people in the EU, GDPR Article 3 can apply extraterritorially alongside the revFADP. Many exhibitors at Swiss shows are addressing an EU market, so both regimes frequently apply at once.
Design to the stricter of the two and you are covered for both.
What to say at a Swiss booth
Switzerland has four national languages; German, French and Italian cover almost all trade show contexts.
German (Swiss standard German): "Ich nehme unser Gespräch auf, damit meine Notizen stimmen — ist das für Sie in Ordnung?"
French: "J'enregistre notre conversation pour que mes notes soient exactes — êtes-vous d'accord ?"
Italian: "Registro la nostra conversazione per prendere appunti accurati, per lei va bene?"
Then, and this matters more here than almost anywhere:
- Wait for an explicit yes from every participant
- Ask again if someone joins mid-conversation — Article 179ter requires the consent of all participants, and a person who joins becomes one
- Keep the recording indicator visible
- Log the consent, with a timestamp
- Stop immediately on any objection
Minimisation
If the purpose is capturing an accurate lead, that purpose completes when name, company, requirement and next step reach the CRM. Keeping raw audio afterwards serves no declared purpose, and under a regime with personal criminal liability, undeclared purposes are worth avoiding.
Extract, then delete. This is how Confee is built — the conversation becomes structured CRM fields and the raw recording need not be retained.
Swiss booth checklist
Before the show
- Privacy notice in the relevant national language, via QR code
- Consent script rehearsed — all-party consent required
- Retention period defined
- Record of processing activities maintained
- Named individual responsible, given the personal liability regime
Per conversation
- Ask before starting
- Get an explicit yes from everyone present
- Re-ask if a new person joins
- Recording indicator visible
- Log the consent
- Stop on objection
After the show
- Delete raw audio once fields extracted
- Handle rights requests promptly
The short version
Switzerland is stricter than most of the EU despite not being in it. Article 179ter criminalises exactly what a booth recording device does unless every participant agrees, and the revFADP puts criminal fines on individuals rather than companies.
Treat Switzerland like Germany, then add: re-ask whenever the group changes.
Related reading:
- Recording Consent at German Trade Shows — the closest comparable regime
- Is Recording Sales Conversations Legal? — the cross-jurisdiction overview
- GDPR-Compliant Lead Capture — the data-protection side in full
FAQ
Do you need consent to record a conversation in Switzerland?
Yes, from every participant. Article 179ter StGB makes it an offence for a participant to record a non-public conversation without the other participants' consent — unusual, since most jurisdictions target non-participants.
Does GDPR apply in Switzerland?
Not directly. Switzerland has the revised Federal Act on Data Protection (revFADP), in force since 1 September 2023 and closely aligned with GDPR. GDPR may still apply extraterritorially under Article 3 if you target or monitor people in the EU.
What are the penalties under Article 179ter?
Imprisonment up to three years or a monetary penalty, prosecuted on complaint. Under the revFADP, certain intentional breaches can attract criminal fines up to CHF 250,000 imposed on responsible individuals.
What makes Swiss data protection penalties unusual?
The revFADP directs criminal fines at the responsible natural person rather than the organisation — a meaningful shift from GDPR's corporate administrative fine model, creating personal exposure for employees and managers.