In principle, advertising in Switzerland may refer to major events, even if the promoted provider is neither an organizer nor a sponsor. However, advertisers must observe a number of rules when using such associations.
The planned revision of copyright law is intended to offer right holders more effective tools against online piracy. To this end, the law applies to hosting providers and creates a legal basis for the processing of personal data by rights holders.
Our series "Online Enforcement" deals with particularities in the enforcement of rights on the Internet.
In the case of online infringements, content removal regularly has priority for the rights holder. Swiss industry standards enable hosting providers to block access to their customers' infringing content.
Our series "Online enforcement" deals with particularities in the enforcement of rights on the Internet.
The identification of the person responsible for an online infringement is a major challenge for the rights owner. Proxy services and the EU General Data Protection Regulation restrict the information available on domain holders in the WHOIS directory and make enforcement more difficult.
Personal data is increasingly an indispensable basis for the value adding activities of companies. Within a group, personal data is exchanged for various purposes, with data protection requirements applying. Legal data management ideally sets standards for how the entire group of companies processes personal data but this is often difficult to implement in practice. An affected group company should not wait for a possible group decision, but should actively promote legal data management at company level.
On 1 March 2018, the totally revised Federal Mail and Telecommunications Surveillance Act (MTSA/"BÜPF") and its five implementing Ordinances entered into force. The revision is intended to adapt the surveillance law to the technological developments in communications. Suspected criminals should not be able to evade surveillance by law enforcement authorities through the use of new communication technologies. Accordingly, the revised MTSA considerably extends the circle of communication service providers required to surveil and provide information.
Federal Council has started the consultation process
On December 21, 2016, the Federal Council published the preliminary draft for a complete revision of the Federal Act on Data Protection (FADP). Interested parties may submit a formal position until April 4, 2017.