Whistleblower protection and reporting channels in Switzerland

In Switzerland, there is no explicit law on whistleblowing. In 2020, the proposal of the Federal Council for Legislation on Whistleblowing was rejected by the Swiss Federal Parliament. Therefore, the measures that whistleblowers may take to report misconduct, and the circumstances in which they may report directly to the authorities or the public, have primarily been established by Swiss Federal Supreme Court case law. 

Private entities in Switzerland are not obliged to establish a whistleblowing system, however they may do so on a voluntary basis. Such systems are considered best practice for larger companies. The practical importance of whistleblowing systems has increased significantly, particularly in connection with the fight against money laundering and corruption, with export control regulations, and the control of supply chains. 

As there is no obligation to establish a whistleblowing system in Switzerland, an entity will not face any sanction for failing to establish one. 

There is no explicit requirement for establishing a whistleblowing system under Swiss labour law. 

Nevertheless, Swiss corporate law requires effective internal control and appropriate organization of the risk management and compliance function. So, even though Swiss law does not specify which structures must be implemented, with a well-functioning whistleblowing system, companies can demonstrate good corporate governance and minimize risks associated with workplace malpractice or their reporting. 

No, Swiss law does not require employee involvement when establishing a whistleblowing system. 

Based on the employees' duty of loyalty according to Art. 321a para. 1 of the Swiss Code of Obligations ("CO"), and their obligation to confidentiality according to Art. 321a para. 4 CO, employees must usually first report misconduct internally to the employer. Generally, if all means of reporting internally have been exhausted and only if there is a public interest concern (e.g. a breach of criminal law), the employee may then disclose the relevant issue to the authorities. Only as a last resort, if the authorities fail to take any action, it is permissible for the employee to make misconduct public.

There is no specific legal protection aimed at preventing discrimination against or the dismissal of whistleblowers under Swiss law. However, whistleblowers are protected against dismissal or other reprimands by the general principles of Swiss labour law. In particular, any notice of termination issued to employees who acted in line with their corresponding rights and duties could be abusive. 

The Federal Act on Data Protection ("FADP") must be complied with when processing personal data, including through a whistleblowing system. In Switzerland, processing employment-related personal data in the context of an employment relationship is generally covered by Art. 328b CO, but the key principles (lawfulness, good faith, proportionality, purpose limitation, recognizability, correctness of the data, data security) of the FADP must be adhered to in any case.

No, there is no such prohibition in Swiss law. However, the requirements regarding the processing of personal data must be observed, especially when transferring data across borders.