SWITZERLAND Law and Practice Contributed by: Lukas Morscher, Lukas Staub and Jil Eichenberger, Lenz & Staehelin
tion obligation for TSPs has been limited to TSPs which, for the provision of telecommunications services, use: • radio frequencies that require a licence; or • resources administered on a national level (eg, short numbers that are assigned to emergency calls or rescue and breakdown services). All other TSPs remain subject to the TCA obliga - tions but are no longer required to register with the OFCOM. The ComCom grants universal service licences to ensure nationwide access to essential telecommunications services. Providers of Voice over Internet Protocol (VoIP) services are not regulated under the TCA if they solely offer online services without transmitting data using telecommunications techniques. However, if a VoIP provider qualifies as a TSP (eg, when a customer can be reached via a fixed-line number within the public switched telephone network), the TCA applies. Even in these cases, the ComCom does not impose all of the TCA obligations on these providers. For example, they are not required to offer free carri - er pre-selection (as no direct link exists between a network and a service operator) or to provide caller location information for emergency calls (due to technical limitations). In Switzerland, telecommunications providers must adhere to general data protection laws as well as the specific security obligations set out in the TCA and its implementing ordinances. These require providers to ensure the security of data processing and transmission, uphold strict con - fidentiality for subscriber communications and related data and prevent unauthorised manipula - tion of telecommunications systems. To protect infrastructure and minimise risks, providers may
implement measures such as rerouting or block - ing connections. 6.2 Net Neutrality Regulations Net neutrality refers to the principle that all inter - net data traffic should be treated equally, with - out discrimination or preference. Internet access providers must remain impartial toward applica - tions, services, content and connected devices. Net neutrality was codified in the revised TCA, which came into effect on 1 January 2021. The corresponding ordinance prohibits TSPs from unjustifiably blocking, throttling or prioritising third-party services, ensuring consumers can freely access their preferred internet services, applications and content. 6.3 Emerging Technologies Switzerland’s technology-neutral legislation ensures that general rules on risks, liabilities and data protection apply broadly to emerging technologies like 5G, IoT and AI (see 3 Artifi - cial Intelligence and 4 Internet of Things ). However, Switzerland has acknowledged that emerging technologies may require targeted regulatory updates to address specific chal - lenges. For example, the Federal Council has highlighted cybersecurity and geopolitical risks linked to 5G networks. On 15 December 2023, the OFCOM was tasked with drafting an amend - ment to the TCA, inspired by the EU’s 5G tool - box, to empower the Federal Council to address geopolitical risks. 7. Challenges with Technology Agreements 7.1 Legal Framework Challenges Swiss law does not specifically regulate IT ser - vice agreements but governs general outsourc -
467 CHAMBERS.COM
Powered by FlippingBook