AI law comparison · Data verified 2026-08-22
GDPR Article 22 vs Switzerland nFADP
GDPR Article 22 and Switzerland nFADP are two of the 169 AI and data regulations Aegis Firma tracks. They have different scopes, effective dates, and penalties — and many businesses fall under both. Here is the side-by-side, drawn directly from the regulatory registry.
Find which laws apply to my businessSide by side
Summary of publicly available regulatory text. Verify against current official sources before relying on this for compliance decisions. Not legal advice.
The key difference
GDPR Article 22 takes effect first, so it is usually the more urgent of the two. GDPR Article 22 tracks 5 compliance requirements and Switzerland nFADP tracks 3. They are not interchangeable — meeting one does not discharge the other. The practical question is not which law is “stricter,” but which of them — or both — actually applies to your business.
EU GDPR Article 22 — Automated Decision-Making & AI Profiling
GDPR Article 22 (in force since May 25, 2018) gives EU and EEA residents the right not to be subject to decisions based solely on automated processing — including AI profiling — that produces legal or similarly significant effects (credit scores, hiring, insurance pricing, content moderation). Organizations must inform individuals of automated processing, provide meaningful explanations of logic, implement human revi…
Full GDPR Article 22 requirementsSwitzerland — New Federal Act on Data Protection (nFADP/revDSG)
Switzerland's revised Federal Act on Data Protection (nFADP / revDSG, in force September 1, 2023) applies to any organization processing data of Swiss residents, including through AI systems. Although Switzerland is not EU, nFADP is largely GDPR-aligned. Key AI obligations: transparency about automated decisions that significantly affect individuals, DPIAs for high-risk AI processing, the right to contest automated d…
Full Switzerland nFADP requirementsCommon questions
Could both GDPR Article 22 and Switzerland nFADP apply to my business?
Yes. GDPR Article 22 and Switzerland nFADP are separate regulations with separate scopes — a business can fall under both at once. GDPR Article 22 covers GDPR Art. Switzerland nFADP covers Applies to any organisation processing the personal data of Swiss residents through AI, regardless of where the organisation is established — Switzerland's revi… If your operations meet both scopes, you must comply with both. Aegis Firma's free scan checks all 169 tracked regulations against your business profile so you do not have to read each law to find out.
Which has the higher maximum penalty — GDPR Article 22 or Switzerland nFADP?
GDPR Article 22: €20,000,000 or 4% of global annual turnover — whichever is higher (GDPR Art. 83(5)) Switzerland nFADP: CHF 250,000 (approx. USD $285,000) for intentional violations — enforced via criminal prosecution Penalty structures differ by regulator and violation type — read each law's full page for the cure periods and per-violation detail.
When does each law take effect?
GDPR Article 22 — effective 2018-05-25. Switzerland nFADP — effective 2023-09-01, enforcement from 2023-09-01. Dates last verified against official sources on 2026-08-22 and 2026-08-22 respectively.
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