SWITZERLAND Law and Practice Contributed by: Dirk Spacek, Wenger Plattner
5. Telecommunications and Networks 5.1 Telecoms Laws and Regulations The key Swiss telecommunications law is the TCA supported by implementing ordinances and overseen by the Federal Office of Communications (OFCOM). It regulates market access, interconnection, spec - trum use, and basic service obligations. Competi - tion law under the Cartel Act also plays a major role, particularly regarding non-discriminatory access to infrastructure and prevention of abuse of dominance. Consumer protection rules require transparency in pricing and contract terms. The FADP is also highly relevant due to extensive personal data processing by telecom providers. Additional obligations may include lawful interception, emergency services access and roaming rules. 5.2 Telecoms Regulatory Bodies The main telecom regulator in Switzerland is OFCOM, responsible for implementing the Federal Telecommu - nications Act, managing spectrum, numbering and supervising telecom operators. The Federal Communications Commission (“Com - Com”) is an independent authority handling key deci - sions such as frequency allocation and infrastructure access disputes. The Competition Commission (“COMCO”) enforces competition law in the telecom sector, while the FDPIC oversees compliance with data protection rules under the FADP. 5.3 Telecoms-Related Regulated Activities In Switzerland, regulated telecom activities include the provision of public telecommunications services (eg, fixed and mobile voice, and internet access), opera - tion of telecommunications networks, use of radio fre - quencies, and assignment of numbering resources. Infrastructure-based services and certain wholesale/ interconnection activities may also be subject to regu - latory oversight under the TCA. Generally, Switzerland follows a liberalised regime: no general telecom operating licence is required to provide most public telecom services. However, pro -
mentation of appropriate technical and organisational security measures. Limitations and counter-exclusions to warranties are also common in practice (eg, conditions under which software must be used, and failure leads to forfeiting of warranties). 4.4 Agile Methodology Agile contracting structures are common in Swit - zerland, especially for software development, SaaS implementation and digital transformation projects. Swiss law provides broad contractual freedom, allow - ing parties to structure projects using agile method - ologies such as Scrum or Kanban. In practice, agile contracts are typically based on framework agree - ments combined with sprint-based statements of work (usually within a jointly used computer program, not on written paper), iterative deliverables and flex - ible change management procedures. Compared to traditional waterfall models, agile contracts focus more on governance, collaboration, prioritisation and acceptance processes rather than fixed specifications in advance. Under Swiss law, the legal qualification depends on the substance of the arrangement. Depending on the degree of deliverable commitment, agile IT contracts may qualify as service contracts (little deliverable commitment), work contracts (clear deliverable com - mitment) or mixed contracts under the Swiss Code of Obligations. Careful drafting is important. In prac - tice, too open agile contracts (with hardly any tangible specifications in advance) bear high potential for later disputes. 4.5 Payment Models In Switzerland, IT services agreements commonly use a variety of payment models depending on the nature and complexity of the services. Typical struc - tures include fixed-price models for clearly defined projects or milestone-based deliverables, and time- and-materials models where scope and requirements may evolve during the project.
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