Ruling by the FDPIC against Cream della Cream Switzerland GmbH and Philipp Plein International AG
With its ruling dated 17 April 2026, the Federal Data Protection and Information Commissioner (FDPIC) concluded the investigation proceedings against Cream della Cream Switzerland GmbH and Philipp Plein International AG.
Following several reports, he had carried out an initial informal intervention and reminded the companies of their legal obligations. As this had no effect, he subsequently launched a formal investigation under Article 49 of the Data Protection Act.
During the investigation, the FDPIC found that the companies continued to use personal data (email addresses and phone numbers) collected during online sales for advertising purposes, despite the clearly expressed objections of the data subjects. In several cases, the companies had expressly confirmed the deletion of data whilst continuing to send advertising material. This is a clear violation of the principle of good faith.
He therefore ordered the companies, under threat of penalty, to immediately cease all advertising-related processing upon objection, to delete personal data upon request, and to refrain from further processing the data of individuals who had already exercised these rights.
The parties did not exercise their right to participate in the proceedings. The decision has entered into legal force after the 30-day appeal period expired.