Three copies of the data
The original plus two copies. A copy that lives in the same account, with the same credentials as the original, falls with it.
Hosting and backups
A continuity plan is only as good as its recovery copies: where they are, how independent they are, and proof that you can restore them. Here are the questions to ask, in order.
When an SME talks about sovereignty, it often means the website or the mailbox. For business continuity, the decisive question is elsewhere: where do the copies live that will let you restart after an outage, a human error or ransomware, and who can access them?
This page looks at the topic from the point of view of a company preparing its recovery. It complements the Sovereignty page, which explains how Contivaro itself handles data, and the approach described in the framework.
A concrete example of a Swiss host is shown further down, with facts declared by the provider and one clear reservation: web hosting is not a continuity plan.
The 3-2-1 rule
The 3-2-1 rule is a practice standard, not a legal requirement. It can be applied entirely within Switzerland, provided each copy is genuinely independent of the others.
The original plus two copies. A copy that lives in the same account, with the same credentials as the original, falls with it.
For example on-site storage and online storage. Two media of the same technology and the same supplier count as a single point of failure.
Another data centre in the same country. Ask for the location to be written into the contract and not merely displayed on the sales page.
Ransomware encrypts what it can reach. An immutable or disconnected copy stays readable when administrator credentials have been stolen.
They apply to a host, a backup provider or a managed service provider. A vague answer is already an answer.
The main data centre, the data centre of the recovery copy, and the location where support is handled. All three can differ.
A backup that has never been restored is a hypothesis. Ask for the date of the last test, the measured duration and what was missing. See the [restore drills](kind:exercices).
These are your tolerable downtime and tolerable data loss, written in hours. The supplier cannot guess them for you.
A supplier that entrusts part of the processing to a third party must make this known and obtain your prior agreement for any new subprocessor.
Format of the data returned, timeline, cost, erasure confirmed in writing. An exit that has never been rehearsed is not an exit.
Grouping hosting, mail and backups with a single provider is convenient and often cheaper. It is also a continuity risk that should be named.
If an administration login is compromised, the original and the backup can be reached together. Separate the credentials and enable strong authentication everywhere.
An incident at one supplier affects everything it hosts for you. Keep at least one usable copy outside its infrastructure.
A dispute or an account suspension stops everything at once. Plan for the case where the account is blocked on a Friday evening.
Know how to restore at another supplier, even slowly. The most revealing test is to bring a service back up on an infrastructure that is not your usual one.
Articles of the Federal Act of 25 September 2020 on Data Protection (SR 235.1), checked on Fedlex on 29 September 2026. The official titles are quoted from the French text. This is not legal advice.
| Article | Official title | What it changes for your backups |
|---|---|---|
| Art. 8 | Data security (Sécurité des données) | The controller and the processor ensure, through appropriate organisational and technical measures, security that is adequate to the risk. A backup containing personal data is concerned. |
| Art. 9 | Processing by a processor (Sous-traitance) | Entrusting processing to a third party requires a contract or a legal basis. The controller makes sure the processor can guarantee data security, and the processor may subcontract in turn only with the controller's prior authorisation. |
| Art. 16 | Principles on disclosure abroad (Principes) | Personal data may be disclosed abroad only if the Federal Council has determined an adequate level of protection, or if appropriate safeguards exist. |
| Art. 17 | Exceptions (Dérogations) | Exceptions to article 16 exist, for example express consent or performance of a contract. A copy that stays in Switzerland avoids the question. |
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A Swiss provider remains subject to Swiss law: an authority can order it to hand over data, and a foreign authority can go through mutual legal assistance. Hosting in Switzerland does not remove the risk of outage, error or attack either. It reduces legal exposure and simplifies applying the nDPA, but it replaces neither encryption, nor an independent copy, nor a restore test.
Text of the law: Federal Act on Data Protection on Fedlex, articles 8, 9, 16 and 17.
Supervisory authority: Federal Data Protection and Information Commissioner.
Cybersecurity: National Cyber Security Centre, for incident reporting and recommendations to companies.
FAQ
No. The location simplifies the question of transfers abroad, but the law also requires adequate security (art. 8) and a contractual framework for processors (art. 9). Location does not replace these measures.
Not as the company's main backup. It protects a website, over a short period. Your workstations, servers and mail need their own copy strategy.
Not necessarily. The copies must be independent: another account, another site, ideally another technology, and a tested restore.
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