Informed consent is a cornerstone of the therapeutic relationship. In Switzerland, it is both an ethical obligation and a legal requirement. With the entry into force of the nLPD in September 2023, consent requirements for the processing of health data have been significantly strengthened.
This guide covers the two types of consent needed in a therapy practice, the mandatory elements of each form, and best practices for efficient management.
Disclaimer: this article is provided for informational purposes and does not constitute legal advice. Consult a lawyer or your professional association for analysis tailored to your situation. Requirements vary by canton (cantonal health laws).
Art. 321 CP — Professional secrecy: alongside the nLPD, art. 321 of the Criminal Code protects therapists’ professional secrecy. Sharing clinical information beyond billing data requires explicit patient consent, under penalty of criminal sanctions.
As a therapist, you need two distinct consents:
1. Consent to therapeutic treatment
Based on Swiss medical law and the Code of Obligations. The patient must be informed of the nature of the treatment, risks, alternatives and costs before giving their agreement.
2. Consent to personal data processing
Required by the nLPD (RS 235.1) for the processing of health data (sensitive data). Must be explicit, informed and freely given.
Informed consent to treatment must cover:
According to art. 6 para. 7 nLPD, consent for the processing of sensitive data (including health data) must be explicit. Your form must indicate:
Swiss law does not require a specific form for consent. Both formats are valid:
| Criteria | Paper | Digital |
|---|---|---|
| Legal validity | Yes (handwritten signature) | Yes (timestamp + checkbox) |
| Archiving | Physical folder | Automatic, encrypted |
| Search | Manual | Instant |
| Security | Risk of physical loss | Encryption + backup |
| Updates | New form to sign | Re-consent in one click |
Recommendation: digital consent is more practical, more secure and easier to manage daily. It must nonetheless include a timestamp, the connection IP and an active confirmation (checkbox, not pre-checked).
Implicit consent — assuming the patient consents simply by attending the session. The nLPD requires explicit consent for health data.
Single merged form — mixing treatment consent and data consent. If possible, separate them clearly so each is understandable.
Overly legal language — a form the patient doesn’t understand is not “informed” consent. Use simple and clear language.
No withdrawal procedure — the patient must be able to withdraw their consent easily. Document the procedure.
Non-archiving — not keeping proof of consent. In case of dispute, this is your primary protection.
Therago integrates a nLPD-compliant digital consent system: customisable pre-configured form, electronic signature with timestamp, automatic encrypted archiving, and one-click withdrawal procedure. Each consent is linked to the patient file and can be consulted at any time.
Manage your consents in full compliance with Therago.
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