Whether in retail, logistics, or office settings, modern workplaces in Switzerland are often under video surveillance. But what is actually permitted under Swiss law when it comes to workplace monitoring? How can safety be balanced with protecting employees’ personal rights?
In this blog, we’ll outline the key legal foundations, present real-life scenarios, and also take a closer look at the often-overlooked legal challenges of working from home. We’ll also refer to our expert article “Video Surveillance in Switzerland: Legal Foundations and Current Laws,” and the official recommendations from the Swiss Federal Data Protection and Information Commissioner (FDPIC).
Clear Legal Framework, Many Open Questions
Workplace video surveillance in Switzerland is governed by several legal provisions. The most relevant are:
- Federal Act on Data Protection (FADP)
- Swiss Code of Obligations (especially Art. 328 CO)
- Swiss Criminal Code (SCC)
- Ordinance 3 to the Labor Act (ArGV 3), specifically Article 26
Together, these laws ensure that video surveillance can be used for safety purposes without violating employees’ personal rights.
Note: In individual cases, cantonal regulations or industry-specific rules (e.g., in healthcare or critical infrastructure) may also apply.
Key Principles
Every form of video surveillance must meet four essential requirements:
- Proportionality: The measure must be appropriate and necessary.
- Transparency: Employees must be fully informed in advance.
- Purpose limitation: Surveillance must serve a clearly defined and legally permissible purpose.
- Data security: Recordings must be protected, access must be regulated, and retention periods clearly defined.
What Is Allowed?
Video surveillance is generally permitted if it serves a legitimate interest, for example, theft prevention or securing sensitive areas.
Typical use cases include:
- Monitoring entrances, parking lots, or storage rooms
- Surveillance in cashier areas
- Monitoring restricted zones (e.g., server rooms, hazardous material storage)
These conditions must always be met:
- The employer has a legitimate overriding interest
- No less invasive alternative is available
- The surveillance is clearly visible and transparent
- Affected employees are informed in a timely, clear, and documented manner
What Is Prohibited?
Any form of surveillance that primarily serves to monitor behavior or performance is not allowed. Article 26 of ArGV 3 explicitly prohibits technical systems used exclusively or primarily to monitor employees.
Prohibited practices include:
- Constant camera surveillance of workspaces
- Covert video recordings without a court order
- Surveillance of break rooms, restrooms, or changing areas
- Monitoring productivity or work methods via video analysis
The retention period is also limited by law: recordings must typically be deleted after 72 hours unless a specific incident occurs.
Note: In more complex situations, such as internal investigations, longer storage may be allowed but must be justified, documented, and compliant with data protection regulations.
Home Office: Surveillance in Your Own Four Walls?
Since the COVID-19 pandemic, working from home has become part of many workplace models. This raises the question: is surveillance in a private home even allowed?
The answer is clear: privacy in the home office is highly protected.
What Is Allowed?
Permissible tools include digital aids for self-organization or voluntary time tracking, such as:
- Electronic time tracking tools
- Project or task management software
- Video conferencing systems (when used voluntarily)
Important: Tools like time tracking or task management inevitably collect data on working hours or progress. The key is that this data must not be used for systematic performance or behavior monitoring. Transparency, purpose limitation, and voluntariness are crucial.
What Is Not Allowed?
Prohibited measures include any technical means that go beyond what is necessary or invade personal privacy:
- Permanent webcam surveillance or forced webcam activation
- Screen monitoring or keylogging
- Automatic location tracking via GPS or Wi-Fi
Even apparent consent from employees is generally not sufficient to justify such invasions. The FDPIC is clear: the home office space in a private residence is subject to an extended level of personal rights protection.
Employee Rights
Employees have the right to complete information about:
- The purpose, scope, and duration of video surveillance
- Storage location and deletion timelines
- Authorized persons or departments with access
- Options to request information, corrections, or deletion of data
The FADP grants a comprehensive right to access: upon request, employers must disclose what personal data is being processed and for what purpose.
Recommendations for Businesses
To ensure that video surveillance is both legally compliant and effective, Sheriff Security recommends the following steps:
- Conduct a needs and risk assessment
- Clearly define the purpose, duration, and surveillance zones
- Inform employees early, clearly, and transparently
- Adhere to data protection standards (access rights, deletion timelines, technical safeguards)
- Avoid monitoring sensitive or private areas entirely
- Regularly review and update surveillance systems
For more details on legal assessment and technical implementation, read our expert article:
“Video Surveillance in Switzerland: Legal Foundations and Current Laws”
Conclusion: Security With Responsibility
Video surveillance can significantly improve workplace safety, but only if it is transparent, proportionate, and legally compliant. Protecting physical assets must not come at the expense of personal rights.
Sheriff Security supports businesses with legally compliant planning, implementation, and monitoring of video surveillance and offers technical expertise, data protection–oriented consulting, and the utmost discretion.
Want to review your current systems or explore new solutions?
➡️ Get in touch with us today!
Frequently Asked Questions: Workplace Video Surveillance
Can I install a camera without my employees’ knowledge?
No. Covert video surveillance is generally prohibited, except in cases of specific suspicion of a crime and with judicial authorization.
How long can video recordings be stored?
Typically, a maximum of 72 hours. Longer storage is only permitted if a specific incident occurs (e.g., theft) and must be legally justified.
Are cameras allowed in home offices?
No. Private residences, especially home workspaces, are subject to heightened personal rights protections. Surveillance is virtually excluded.
Are employees required to consent to surveillance?
Consent alone is not sufficient. What matters more is the legal permissibility. The employer is responsible for ensuring compliance with data protection laws.
Which areas may be monitored with cameras?
Only clearly defined, security-relevant areas, such as entrances, storage rooms, or cash registers. Break rooms, restrooms, or desks must not be monitored.
