Switzerland's proposed changes to its digital surveillance rules have triggered strong opposition from privacy-focused technology companies, who warn the measures could severely impact their operations and Switzerland's reputation as a privacy haven.
The Swiss Federal Council introduced revisions to the Ordinance on the Surveillance of Correspondence by Post and Telecommunications (OSCPT) in January 2025, mandating stricter monitoring requirements for communication service providers. The changes would require companies with over 5,000 users to collect and store user identification documents, while larger providers face additional obligations.
"This ordinance profoundly alters the spirit of the law," said Alexis Roussel, COO of privacy tech startup Nym. The company, which recently launched NymVPN, criticized the Federal Council's decision to bypass a public referendum on these substantial changes.
Under the new rules, service providers with more than one million users or 100 million CHF in annual revenue must maintain 24/7 availability for surveillance requests, implement automated data disclosure systems, and enable real-time monitoring of communications. The ordinance also requires providers to decrypt content when they possess encryption keys.
The proposal marks a dramatic shift for Switzerland, which has historically positioned itself as a global leader in digital privacy. Companies like Proton Mail and Threema, the latter used by the Swiss army, have flourished under Switzerland's privacy-friendly environment.
Privacy advocates point out that the ordinance could particularly harm smaller providers and startups operating with limited resources. The rules would apply even to non-commercial entities, such as associations running social media instances, if they exceed the user threshold.
The tech community warns that these changes could discourage new privacy-focused projects from launching in Switzerland. Industry leaders argue that the ordinance's technical framing and bureaucratic implementation mask its true impact from public scrutiny.
The public consultation period for the ordinance remains open until May 6, 2025, during which affected companies and citizens can submit their responses. Privacy advocates are urging Swiss residents to contact their federal representatives and voice their concerns about the proposed changes.