TikTok, Grok, X and Tinder appoint a legal representative based in Switzerland

TikTok, Grok, X and Tinder added a legal representative based in Switzerland in order to comply with Article 14.1 of the Federal Act on Data Protection (FADP), in force since September 2023, which requires companies based abroad to do so under certain cumulative conditions, in particular when large-scale and regular processing and “high risk” is carried out. Until now, the representative was the same as the one in the European Union.

The Federal Data Protection and Information Commissioner (FDPIC) in its annual activity report published on 1 July indicates to be “intervened in a targeted manner at a number of international companies that met the legal criteria in order to verify the appointment of a representative and the publication of their contact details”.

Many other platforms such as Instagram, Facebook and YouTube should therefore appoint a legal representative in Switzerland ‘as quickly as possible, as slowly as necessary’. Failure to comply with an order from the FDPIC to appoint a representative may be punished by a fine (article 63, FADP).