The Federal Authorities
of the Swiss Confederation

Chapter 1: Processing of Personal Data by Private Persons
Section 2: Registration of Data Files
< Art. 3 Registration
> Art. 5 Publication in electronic form

Art. 41 Exemptions from the duty to register

1 Exempt from the duty to register data files are data files as defined in Article 11a paragraph 5 letters a and c–f DPA as well as the following data files (Art. 11a para. 5 let. b DPA):

a.
data files from suppliers or customers, provided they do not contain any sensitive personal data or personality profiles;
b.
data files whose data is used exclusively for purposes unrelated to specific persons, in particular in research, planning and statistics;
c.
archived data files and the data that are preserved solely for historical or scientific purposes;
d.
data files that contain only data that has been published or that the data subjects have themselves made generally accessible and whose processing they have not expressly prohibited;
e.
data that exclusively serves to fulfil the requirements of Article10;
f.
accounting records;
g.
secondary data files for personnel management of the controller of the data file, provided they do not contain any sensitive personal data or personality profiles.

2 The controller of the data files shall take the measures required to be able to provide the Commissioner or the data subjects on request with the information (Art. 3 para. 1) on data files not subject to the duty to register.


1 Amended in accordance with No. I of the Ordinance of 28 Sept. 2007, in force since 1 Jan. 2008 (AS 2007 4993).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

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