Yes, web scraping is legal in Switzerland under specific conditions. Publicly accessible data may be scraped unless restricted by terms of service or copyright law, but automated collection must comply with data protection and competition regulations.
Key Regulations for Web Scraping in Switzerland
- Copyright Law (URG): Scraping copyrighted content without permission violates Article 2 URG. Exceptions apply for non-commercial, transformative use under fair dealing (Art. 19 URG).
- Data Protection (DSG): Personal data collection triggers obligations under the revised 2026 Swiss Data Protection Act (revDSG). Consent or a legitimate interest must justify scraping, with strict purpose limitation.
- Unfair Competition Act (UWG): Aggressive or deceptive scraping methods (e.g., bypassing CAPTCHAs) may constitute unfair competition under Article 2 UWG, risking fines up to CHF 1 million.
The Swiss Federal Data Protection and Information Commissioner (FDPIC) enforces revDSG, while the Swiss Competition Commission (COMCO) monitors UWG compliance. Courts assess scraping legality on a case-by-case basis, weighing intent, data sensitivity, and technical measures (e.g., rate limiting). Automated tools must avoid circumventing technical protections (Art. 14 revDSG).