1. On complaint, a fine not exceeding 250,000 francs shall be imposed on private persons who:
   • a. violate their duties under Articles 19, 21 and 25–27, in that they wilfully provide false or incomplete information;
   • b. fail wilfully:
     1. to provide information to the data subject in accordance with Articles 19 paragraph 1 and 21 paragraph 1, or
     2. to provide the data subject with the information specified in Article 19 paragraph 2.
2. A fine not exceeding 250,000 francs shall be imposed on private persons who, in violation of Article 49 paragraph 3, wilfully provide the FDPIC with false information or wilfully fail to cooperate in the course of an investigation.

On complaint, a fine not exceeding 250,000 francs shall be imposed on private persons who wilfully:

• a. disclose personal data abroad in violation of Article 16 paragraphs 1 and 2 without satisfying the requirements of Article 17;
• b. assign the data processing to a processor without satisfying the requirements of Article 9 paragraphs 1 and 2;
• c. fail to comply with the minimum requirements for data security stipulated by the Federal Council in Article 8 paragraph 3.

1. Any person who, while practising his or her profession, acquires knowledge of secret personal data for the purpose of that profession but thereafter wilfully discloses such data shall on complaint be liable to a fine not exceeding 250,000 francs.
2. The same penalty shall apply to any person who wilfully discloses secret personal data that has come to his or her knowledge while carrying on an activity for or while training with a person subject to a duty of confidentiality.
3. The disclosure of secret personal data after ceasing to practise a profession or after completing training is also a criminal offence.

Any private person who wilfully fails to comply with a ruling issued by the FDPIC or a decision of the appeal courts that refers to the penalty under this Article shall be liable to a fine not exceeding 250,000 francs.

1. The criminal liability of businesses is governed by Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law (ACLA).
2. If a fine not exceeding 50,000 francs is under consideration and if the identification of the perpetrators in accordance with Article 6 ACLA requires measures that would be disproportionate in view of the potential penalty, the authority may decide not to pursue these persons but instead to order the business to pay the fine (Art. 7 ACLA).

1. The prosecution and the adjudication of criminal acts is a matter for the cantons.
2. The FDPIC may file a complaint with the competent prosecution authority and exercise the rights of a private claimant in the proceedings.

Prosecution is subject to a statute of limitations of five years.