Cookie Consent Banner: The current legal basis in Switzerland

With the entry into force of the new Data Protection Act in Switzerland, the requirements for cookie banners have become stricter. Cookie banners are an essential part of compliance with data protection guidelines and ensure transparency in the handling of user data. In this article, you will learn everything you need to know about the current legal basis, how to implement a legally compliant cookie banner and which best practices to observe.

The current legal basis for cookie banners in Switzerland

Since the new Data Protection Act came into force in Switzerland, website operators have had to obtain users’ consent to the use of cookies. This regulation applies in particular to cookies that collect personal data. The aim is to protect the privacy of users and ensure that they are informed about the collection and use of data.

Further information on the new data protection law can be found on the official website of the Swiss Confederation.

Important regulations

1. Transparency: Users must be informed clearly and comprehensibly about the type of cookies and their purpose.
2. Consent: Active consent must be obtained from users before cookies are set.
3. Simple refusal: Users must have the option of refusing cookies without significantly impairing the use of the website.
4. Documentation: User consent must be documented and verifiable.

Requirements for a legally compliant cookie banner

In order to fulfil the legal requirements, a cookie banner should meet the following criteria:

Transparency

The cookie banner must clearly and comprehensibly explain to users what type of data is collected and for what purpose. Avoid technical jargon and use simple, understandable language.

Consent

Active user consent is required before cookies are set. This means that users must take a clear action, such as clicking on a button, to give their consent.

Simple rejection

Users should be able to reject cookies just as easily as they can accept them. This means that a ‘Reject’ button must be just as visible and accessible as the ‘Accept’ button.

Documentation

It is important to document user consent and make it verifiable. This not only helps with compliance with legal requirements, but also in the event of inspections by data protection authorities.

Recommended cookie banner solution: Legally ok

Legally ok fulfils all cookie banner requirements

Legally ok offers a comprehensive solution for implementing a legally compliant cookie banner in Switzerland. Here is how Legally ok fulfils all requirements:

• Transparency: Legally ok’s cookie banner informs users clearly and comprehensibly about the type of data collected and its purpose.
• Consent: Users must actively consent before cookies are set. This is achieved through a clear and user-friendly button.
• Easy opt-out: Legally ok provides an equally accessible opt-out button to ensure that users can easily reject cookies.
• Documentation: Legally ok documents and stores all user consents to fulfil legal requirements and provide evidence in case of audits.

As an all-in-one website data protection solution, Legally ok goes one step further. It regularly checks the website and adjusts all data protection-relevant content in the privacy policy fully automatically. This ensures that your website always complies with current data protection regulations.

Conclusion

Cookie banners are essential for Swiss websites to comply with current data protection regulations. By complying with the above criteria and using Legally ok, website operators can ensure that they are legally compliant while providing a positive user experience. Legally ok helps you secure your website privacy with a compliant cookie banner. Register for free and get started today.