The Federal Data Protection and Information Commissioner ('FDPIC') published, on 29 September 2022, a statement in which addressed the lawsuit filed in the United States against Oracle America Inc.'s tracking technologies on internet user privacy rights in Switzerland. In particular, the FDPIC announced that it is currently analysing the allegations made in the lawsuit with regard to possible breaches of privacy against the Swiss population, noting that initial investigations highlight that tracking technologies listed in the lawsuit are also widely used in Switzerland, meaning that Swiss persons are therefore also affected by any such tracking. In light of this, the FDPIC is in the process of determining whether Swiss website operators and app providers are in violation of the data protection principles under the Swiss Federal Act on Data Protection 1992 ('FADP'), notably the principles of transparency and proportionality, as well as the need to grant explicit consent to create personality profiles and process sensitive data.

Furthermore, the FDPIC recalled that website operators and app providers have a duty to verify which technologies they are using and whether these technologies may be tracking website visitors or mobile app users, provide an easy way for users to deny consent to use their data, and ensure the rights of data subjects.

Lastly, the FDPIC clarified that it had sent a letter to Oracle Software (Switzerland) GmbH on 2 September 2022 and reserves the right to take further steps if necessary.

You can read the press release here.