Thouvenin Rechtsanwälte | Switzerland | 12 Sep 2017
The telecoms sector is on the move, with numerous revisions being made to upcoming legislation. The first to enter into force is the revision of the Intelligence and Security Act, followed by the revision of the Lawful Interception Act. The other revisions have yet to reach Parliament. The pending revisions request that providers remain alert and continually adapt their processes in order to......
Thouvenin Rechtsanwälte | Switzerland | 10 Jan 2017
According to the latest decisions of the Federal Supreme Court, Facebook Switzerland Sàrl does not have to provide the prosecutor of the Canton of Vaud with user or content data because the data is processed by Facebook Ireland Ltd. The court reviewed whether Facebook Switzerland had to provide the requested data based on the Criminal Procedure Code and concluded that only persons or entities......
Thouvenin Rechtsanwälte | Switzerland | 19 Apr 2016
Internet service providers' liability for storing and enabling access to copyright-infringing content is not regulated by Swiss statutory law. This creates uncertainties for internet service providers regarding their liability should their users access or make available copyright-infringing content. Likewise, copyright owners face difficulties when seeking redress for infringement.
Thouvenin Rechtsanwälte | Switzerland | 30 Jun 2015
Two recent Federal Supreme Court decisions dealt with inflammatory comments posted on Facebook profiles. In one case dealing with anti-Semitic statements posted under a pseudonym, the prosecutor requested that Facebook provide the registration data and IP history of the concerned profiles. The court found that the Swiss prosecutor was entitled to request and receive data, but only with the......
Thouvenin Rechtsanwälte | Switzerland | 3 Feb 2015
Cloud computing involves the hosting of customer data on a server outside the customer's premises. When cloud computing is used for business-critical applications or when critical or sensitive data is hosted in the cloud, it is vital that detailed cloud computing agreements be entered into with the provider, addressing, in particular, data access, data security, data availability, disaster......
Thouvenin Rechtsanwälte | Switzerland | 3 Dec 2014
The Federal Council has issued its report on the telecoms market, providing an overview of developments and regulatory challenges. As a consequence of fast technological developments, new global providers are competing in the Swiss market, although it is unclear to what extent they are governed by the Swiss Telecommunications Act. The council concluded that a revision of the act is inevitable.
Thouvenin Rechtsanwälte | Switzerland | 11 Nov 2014
In Switzerland the general rules on data protection apply to cloud computing and there is no initiative under consideration to enact cloud-specific laws. Data remains with the data owner and is only stored or processed in the cloud on behalf of the data owner. However, data can be viewed by third parties, depending on the contractual and technical safeguards in place.
Thouvenin Rechtsanwälte | Switzerland | 29 Oct 2014
The revised Telecommunication Ordinance introduces a number of changes to the Swiss telecommunications regime, including clarification of the non-discrimination obligation of the incumbent operator and determination of access price in the case of a price margin squeeze. The changes pave the way for the transition from the legacy switched network to a modern, internet protocol-based network.
Thouvenin Rechtsanwälte | Switzerland | 23 Jul 2014
A recent Federal Office of Communications (OFCOM) inspection has revealed that a vast majority of telecommunications equipment available on the Swiss market fails to comply with Swiss technical requirements. OFCOM can request that equipment be recalled or that non-compliance be remediated when launching new equipment on the market.
Thouvenin Rechtsanwälte | Switzerland | 8 Apr 2014
In the Ordinance on Addressing Resources in the Telecommunications Sector, the Federal Council delegated the administration of '.ch' internet addresses to the SWITCH Foundation. SWITCH acts as registry and registrar. When the registry mandate ends, the Federal Office of Communications will take the opportunity to assess a separation of the functions of registry and registrar.