Does the revFADP apply to small companies too?
Yes. The law applies to all companies that process personal data, regardless of size. Some obligations, such as the record of processing activities, do not apply to companies with fewer than 250 employees, as long as there is no high risk.
May I enter customer data in ChatGPT or Claude?
Only with care. Depending on the settings, the free versions may use inputs for training. For business use, choose business versions or the API, where the provider contractually guarantees that data is not used for training. Better still, do not send names and contact details in the first place.
| Option | Training on your inputs | Suitable for business use |
|---|---|---|
| Free version | Possible, depending on settings | No |
| Business or team version | Excluded by default, guaranteed by contract | Yes, with clear rules |
| API | Excluded by default, guaranteed by contract | Yes, for automations and chatbots |
| Self-run model such as Apertus | No, the data stays with you | Yes, also for sensitive content |
What applies to providers in the USA?
The Swiss-U.S. Data Privacy Framework has applied since 15 September 2024. Data transfers to US companies certified under this framework are considered adequately protected. Check the provider’s certification and name it in your privacy policy.
Are there Swiss alternatives?
Yes. Apertus is an open language model released in 2025 by ETH Zurich, EPFL and the Swiss National Supercomputing Centre CSCS. It can run on your own servers or with Swiss hosting providers, so data does not leave the country. For many text tasks in an SME its quality is sufficient.
Which points belong on a checklist for using AI in your business?
- Record which AI tools are allowed in the business
- Use a business version or the API instead of the free version
- Do not enter sensitive personal data (health, religion, criminal matters)
- Name AI services in the privacy policy, with the country of processing
- For chatbots on the website, state that an AI is answering
- Have a person review decisions that affect individuals