B2B Prospecting in Switzerland: What's Legal Under nLPD/revDSG?

Since September 1, 2023, Switzerland has a new data protection law, the so-called nLPD (or revDSG in German, LPD révisée in French). This regulatory update has raised many questions for companies engaged in commercial prospecting, especially in B2B. Do you no longer know what you can or cannot do? Are you worried about legal compliance? You are not alone. The goal here is to give you a clear and practical guide for B2B prospecting, seizing opportunities without falling into regulatory traps.

What has really changed for B2B prospecting?

The nLPD strengthens the protection of personal data, aligning in many respects with the European GDPR, but with some Swiss specificities. For companies, the good news is that the processing of personal data of legal entities is largely excluded from the scope of the nLPD. This means that if you are targeting a company (e.g., a construction company in Zug, a marketing agency in Geneva) and not a specific natural person, your room for maneuver is wider.

However, be careful: if the data concerns natural persons (e.g., the CEO, the purchasing manager, the managing director), even within a company, the nLPD applies. The key is the balancing of interests: your legitimate commercial interest against the person's right to privacy protection. This balance is the basis for determining the legality of your prospecting activity.

Prospecting with public data: a legal opportunity

One of the strengths for B2B prospecting in Switzerland is the availability and lawfulness of processing data from public sources. The nLPD does not prohibit the collection of data from publicly accessible sources, provided that the processing is compatible with the purpose for which the data was made public and does not manifestly violate the interests of the data subject.

Here are some examples of public sources you can use:

• Public registers: The commercial register (Zefix in Switzerland) is a goldmine. It contains information on all registered companies, including names of directors, registered offices, UID numbers. This data is public and its processing for commercial purposes is generally considered lawful, provided the principle of proportionality is respected.
• Telephone directories and online directories: Platforms like local.ch and search.ch are valuable sources. Many companies and professionals publish their contacts there. Google Maps can also be used to identify businesses and related public information.
• Company websites: Company websites often contain direct contacts, email addresses, and names of responsible persons.

When extracting data from these sources, ensure that they are relevant to your prospecting goal. Do not collect more data than necessary.

B2B Email Marketing: Navigating between nLPD and UWG

Sending cold emails is one of the most delicate areas. In Switzerland, in addition to the nLPD, you must also consider the Federal Act against Unfair Competition (UWG in German, LCD in French). Article 3, letter o, of the UWG prohibits unsolicited mass advertising by means of telecommunication (such as email), if:

1. The recipient has not given their prior consent (opt-in principle).
2. There is no correct sender identification.
3. A free and easy refusal option is missing.

The good news is that the UWG provides an important exception for existing business relationships or for addresses from public sources, if the email is sent within the scope of the recipient's professional activity and concerns a similar product or service. This means that, in a B2B context, you can send emails to company addresses (e.g., info@company.ch) or specific contacts taken from public sources (e.g., from the company website), provided that the content is relevant and you offer a clear opt-out mechanism.

Practical tips for B2B email marketing:

• Personalization: Avoid generic mass mailings. Adapt the message to the recipient and their activity. The more relevant the email, the less likely it is to be perceived as spam.
• Relevance: Your product or service must be clearly linked to the recipient's activity. If you sell accounting software, write to CFOs or administrative managers, not to a marketing director without any logical connection.
• Easy Opt-out: Every email must contain a clear and functional link to unsubscribe or to request not to be contacted again. This is mandatory and fundamental for compliance.
• Transparency: Always clearly state who you are and why you are contacting them.

The importance of balancing interests

When processing personal data for prospecting purposes, you must always assess whether your interest outweighs the person's privacy protection interest. Some factors to consider are:

• Expectation of privacy: A person who publishes their business email on the company website expects less privacy than a private citizen whose email was obtained elsewhere.
• Type of data: Sensitive data requires much higher protection. For B2B prospecting, sensitive data is usually not processed, which simplifies matters.
• Transparency: Are you transparent about how you obtained the data and how you use it? If you use Swiss Lead Pro to generate your lists, the data source is always clear and verifiable.

How Swiss Lead Pro helps you with compliance

Our platform is designed to operate in compliance with the nLPD and the UWG. Swiss Lead Pro extracts data from public Swiss sources such as local.ch, search.ch, Google Maps, and Zefix (the commercial register with UID numbers). This data, by its nature, is already accessible and intended for professional or public purposes.

When you use Swiss Lead Pro, you can be sure that:

• Data comes from public sources: We respect the principle of lawful collection.
• It's B2B data: We focus on business information and professional contacts.
• We facilitate transparency: You always know where the data comes from.

This allows you to focus on your prospecting strategy, knowing that you have a solid and legally acquired database. For example, you can search for all companies in a certain sector in the Canton Ticino, extract their email addresses and phone numbers, and use them for relevant campaigns, always with the caution of offering an opt-out.

Operational steps for your compliant prospecting

1. Define your target: Don't send randomly. Identify who genuinely needs your product/service.
2. Leverage public sources: Use tools like Swiss Lead Pro to identify relevant companies and contacts from local.ch, search.ch, Google Maps, and Zefix. Learn more about how we generate verified B2B leads here.
3. Verify relevance: Ensure your message is relevant to the professional recipient.
4. Include an opt-out: Every communication must have an easy and free mechanism to unsubscribe or request not to be contacted again.
5. Keep records: Document your prospecting activities and opt-out requests to demonstrate compliance in case of checks.

Practical examples

• A marketing agency in Lugano is looking for new clients in the hotel sector in Ticino. It uses Swiss Lead Pro to find hotels and restaurants, extracts generic email contacts (e.g., info@hotel.ch) or specific ones from the website, and sends a personalized email offering digital marketing services for tourism, with an unsubscribe link.
• A construction company in Geneva wants to offer its services to new builders. It searches the Zefix commercial register (available via Swiss Lead Pro) for new real estate company formations in the Canton of Vaud, extracts the public data of the responsible parties, and contacts them by phone or email, immediately explaining how it found their contacts and offering its services in line with their activity.

Conclusion

B2B prospecting in Switzerland is absolutely possible and legal even with the nLPD, provided you act with awareness and respect for the rules. The use of public data and a targeted, transparent approach are the keys to success. Always remember to balance your business interest with personal data protection and always offer an unsubscribe option. Start generating your compliant lead lists with Swiss Lead Pro now. Discover our plans and prices here.

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