The EDÖB has, together with Order of April 17, 2026 An investigation under Art. 49 of the Data Protection Act (DSG) against Cream della Cream Switzerland and Philipp Plein International (both headquartered in Switzerland) has been concluded. The two companies operate the online retail business for the Philipp Plein brand and are listed as data controllers in the privacy policies. The decision was published on June 26, 2026, and, according to the FDPIC, is legally binding.
This was prompted by several complaints from people who, after shopping, Advertising via Email and Text Message had received without having given their consent. The text messages did not provide a simple way to unsubscribe, and the unsubscribe links in the emails did not lead to an option to unsubscribe. In the event of an objection or a request for deletion, the request remained unanswered or the Deletion was confirmed; the ad was not removed in either case. Two informal interventions The EDÖB’s requests in December 2023 and October 2024 went unanswered, and the parties had not submitted any statements during the investigation proceedings either.
In this case, the EDÖB makes short work of the matter: Processing data in spite of the objection constitutes a violation of personal rights (Art. 30(2)(b) of the Data Protection Act). In addition, the EDÖB found a violation of good faith (Art. 6(2) of the Data Protection Act): Anyone who confirms deletion and yet continues to send advertising is acting in bad faith. Furthermore, the principles of purpose limitation and proportionality give rise to a right to erasure unless a statutory retention obligation or an overriding interest justifies further processing.
The order requires the companies to cease processing personal data for advertising purposes within 30 days of the order becoming final in the event of a past or future objection, to delete personal data upon request, unless there is an overriding interest (a reservation that is either not subject to contractual modification or raises interesting questions regarding enforcement), and to cease processing the data of individuals who have already objected. The order is issued under threat of a penalty pursuant to Art. 63 of the Data Protection Act (DSG). The fee amounts to CHF 5,500.
Art. Art. 3(1)(o) UWG (mass electronic advertising generally permitted only with consent) was not taken into account by the EDÖB (although it would not be far-fetched to view a violation of Art. 3(1)(o) UWG as unlawful data processing).