The Right to Privacy in Switzerland
The Protection of Privacy and Personality in Swiss Law: Art. 28 CO, Data Protection, and Remedies.
Last updated : 2026-04-24
Protection of Personality Rights
Art. 28 CC protects against any unlawful attention to personality: honor, private sphere, image, name. The victim may request: cessation of the attention, a declaration of unlawfulness, compensation for damage, and moral damages (art. 28a CC). Art. 13 Cst. guarantees protection of the private sphere and personal data. The DPA complements this protection in matters of data.
Frequently Asked Questions
What Does Personality Protection Cover?
The honour, the private sphere, the image, the name, and personal data (art. 28 CO, art. 13 Constitution).
Can someone's photo be published without their consent?
In principle, no. The right to one's image is part of the protection of personality (Art. 28 CC). There are exceptions for public figures in public contexts.
What remedies are available?
Action for cessation, action for declaration of rights, damages and compensation, and moral repair (Art. 28a CC).
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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