A private information site, published by Matthias Traussnig, attorney at law in Geneva

What to do › Identity theft

Someone is using my identity

Messages are being sent from your account that you did not write, an invoice arrives for an order you never placed, or a payment order is served on you for a debt you know nothing about. This page sets out the steps that help in each of these situations and what the Swiss Criminal Code provides, which has punished identity theft since 1 September 2023.

If your bank details are involved

Call your bank without delay, have the cards concerned blocked and check your statements for any transactions you did not make, as the National Cyber Security Centre (NCSC) recommends. Do this before the other steps described below.

The steps in order

The order below suits most cases, although some of the steps will not apply to you.

  1. Report the post or the profile to the platform and, if it is your own account that has been taken over, change your login details as soon as you are able to sign in again.
  2. Let your contacts know that the messages sent in your name do not come from you.
  3. Dispute in writing, with the company concerned, the contract, order or invoice wrongly attributed to you, and keep a copy of your letter.
  4. If a copy of your identity document is circulating, apply for new documents so that the old ones are no longer valid.
  5. File a criminal complaint, bringing the messages, invoices and letters that show what happened.

A social media account taken over to approach your friends

In January 2026, the NCSC described a series of social media account takeovers. Access is gained through a fake link, presented for instance as a vote in a competition, or through a message from a supposed friend who says they urgently need a code received by text message. That code, which the hacker has triggered through the forgotten password function, in reality gives access to the account of the person who passes it on.

Once in control of the account, the fraudsters change its email address and password and often activate two-factor authentication to lock the owner out completely. They then turn to the circle of friends, publishing posts and stories that promote cryptocurrency investments, sometimes backed by fake videos made by editing or with artificial intelligence.

The NCSC recommends reporting the post to the platform and warning your contacts. It notes that platforms offer procedures for recovering an account but that these are often long and complicated, so that it is better to warn the people close to you without waiting for the outcome. Where your email account has been hacked, it advises informing all the people and businesses in your contact list.

The same applies where a profile has been opened in your name with your photos. Take screenshots of the profile and of the messages before reporting it, since they may disappear once the platform has acted.

A contract or an order in your name

In April 2026, the police described on cybercrimepolice.ch fake rental adverts that directed applicants to a fake application form, where they uploaded a copy of their identity document, their employment contract or their salary statements. Such data can be used to place fraudulent orders or to enter into contracts in the victim's name.

The police then recommend watching closely, in the period that follows, for unusual orders, invoices or contractual documents issued in your name, and applying for new identity documents so that the old ones are no longer valid. They also advise caution towards targeted phishing attempts that may follow, by email or by telephone.

If a company asks you to pay for an order you did not place, dispute it in writing, stating that you did not place it. You may ask the company whether it processes personal data about you, which data and what it knows of their origin, information it must provide in principle free of charge and, as a rule, within thirty days (art. 25 of the Federal Act on Data Protection, FADP). You may also require inaccurate data to be corrected and, where their accuracy cannot be established, ask for a note to be added indicating that they are disputed (art. 32 paras. 1 and 3 FADP).

A payment order for a debt you do not recognise

Where invoices issued in your name remain unpaid, a payment order may be served on you for a debt you never incurred. Lodge an objection, orally or in writing, either immediately with the person who hands you the payment order or with the debt collection office within ten days of service (art. 74 para. 1 of the Federal Act on Debt Collection and Bankruptcy, DEBA). The objection need not state any reasons (art. 75 para. 1 DEBA) and it suspends the debt collection proceedings (art. 78 para. 1 DEBA). On request, the office confirms receipt of the objection free of charge (art. 74 para. 3 DEBA), and that confirmation is worth keeping.

Proceedings against which an objection has been lodged nevertheless appear in the extracts that the office issues to third parties who show a plausible interest, for instance with a view to entering into a contract with you (art. 8a paras. 1 and 2 DEBA). In the version in force since 1 January 2026, the law allows you to ask the office, once three months have passed since the payment order was served, to stop disclosing these proceedings to third parties. The office does so unless the creditor proves, within a twenty-day period set by the office, that proceedings to set aside the objection were brought in time (art. 8a para. 3 let. d DEBA).

The criminal complaint for identity theft

Since 1 September 2023, art. 179decies of the Swiss Criminal Code (SCC) has punished anyone who uses the identity of another person without their consent in order to harm them or to obtain an unlawful advantage for themselves or for a third party. The penalty is a custodial sentence of up to one year or a monetary penalty.

This offence is prosecuted solely on complaint. The right to file a complaint lapses three months after the day on which you learned who the offender was (art. 31 SCC), and it is better not to wait, particularly as a complaint can be filed against persons unknown. Where the offender has used your name to deceive other people or to obtain goods, other offences may come into play, which the authority will examine.

The police recommend going to the nearest cantonal police station after making an appointment by telephone. In Geneva, since July 2026, a pre-complaint (pré-plainte) against persons unknown can be filled in online free of charge, in particular for identity theft or online fraud. It prepares the file in advance and shortens the time spent at the counter afterwards, the complaint itself being signed at a later stage, when the certificate for insurance purposes is also issued. Bring the screenshots, messages, invoices and letters you have received, in chronological order, with the help of the evidence checklist. The page What to do describes filing a complaint more generally.

The Fribourg cantonal police note that a victim of identity theft may suffer serious financial losses where the offender carries out transactions in their name, and that their reputation may suffer. The victim may even face legal proceedings where the offender uses their identity to commit offences. Keep a copy of your complaint and of your written disputes, since they show that you acted as soon as you found out what had happened.

The same police force recommends being sparing with your personal data, such as your date of birth, telephone number or email address, and reporting the loss or theft of identity papers to the police.

Frequently asked questions

Is a fake profile made with my photos a criminal offence?

It may be. Art. 179decies SCC punishes anyone who uses the identity of another person without their consent in order to harm them or to obtain an unlawful advantage for themselves or for a third party. A profile used to approach your contacts or to discredit you may fall within this provision. The offence is prosecuted solely on complaint, which must be filed within three months of the day on which you learned who the offender was (art. 31 SCC).

An invoice has arrived for an order I did not place. What should I do?

Dispute it in writing with the company, stating that you did not place the order, and keep a copy of your letter. You may ask the company what personal data it processes about you (art. 25 FADP) and require inaccurate data to be corrected (art. 32 FADP). If a payment order follows, lodge an objection within ten days (art. 74 DEBA).

Will the debt collection proceedings remain visible in the register?

Proceedings against which an objection has been lodged appear in the extracts issued to third parties who show a plausible interest. Three months after the payment order was served, you may ask the office to stop disclosing them to third parties, which it does unless the creditor proves, within twenty days, that proceedings to set aside the objection were brought in time (art. 8a para. 3 let. d DEBA).

Does reporting to the platform count as a criminal complaint?

No. The report is meant to have the profile or the posts removed. If you want the offender to be prosecuted, you need to file a complaint with the police or the Office of the Public Prosecutor within three months of the day on which you learned who the offender was (art. 31 SCC).

This page relies on arts. 31 and 179decies SCC, arts. 8a, 74, 75 and 78 DEBA and arts. 25 and 32 FADP, as well as on NCSC, identity theft on social media (in French), 13 January 2026, NCSC, what to do if an account is hacked or data is leaked (in French), cybercrimepolice.ch, data theft during a rental application (in French), 15 April 2026, Geneva cantonal police, online pre-complaint (in French), 15 July 2026 and Fribourg cantonal police, identity theft (in French), 27 March 2025. Checked on 11 October 2026.