Ordinance on Telecommunications Services (OTS)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 97 OFCOM’s powers
1 OFCOM shall produce the official telecommunications statistics, in particular in order to perform the evaluation of the telecommunications legislation, to take the necessary regulatory decisions and to ensure the implementation of the universal service. 2 It shall ensure the collection and processing of the data as well as all statistical work within the framework of paragraph 1. 3 Pursuant to the Federal Statistics Ordinance of 30 April 2025, it shall co-ordinate its statistical work with the Federal Statistical Office and co-operate with that office.
Para. 3 — SR 431.011 Para. 3 — Amended by Annex 3 No 13 of the Federal Statistics Ordinance of 30 April 2025, in force since 1 June 2025 (AS 2025 318).
Art. 98 Data collected by OFCOM
1 OFCOM shall collect the data required for production of the official telecommunications statistics from the telecommunications service providers. It may also incorporate the data obtained through the implementation of telecommunications legislation or by other authorities implementing federal legislation. 2 By means of an annual questionnaire, it shall collect data on the networks and services of the providers, in particular with regard to: a. the companies themselves (in particular name or company name, address and other contact information, area of activity); b. the network characteristics (in particular the type, technical characteristics, number and type of connections, coverage in relation to population and area, number of orders completed with regard to carrier pre-selection); c. the various types of service provided on their networks, their characteristics and the use thereof (in particular price, number of customers, turnover per service, duration and number of connections, v
Art. 99 Obligations of the telecommunications service providers
1 The telecommunications service providers shall provide OFCOM with the information necessary to produce the official telecommunications statistics free of charge. 2 They must in particular complete OFCOM’s questionnaires in full, truthfully and in good time.
Art. 100 Use of the data
The personal data collected for statistical purposes may be made available to public or private services and statistical services of international organisations that require such data to carry out statistical work, provided: a. it is rendered anonymous, if the purpose of the processing so permits; b. the recipient undertakes not to forward the data to third parties and to destroy it or return it to OFCOM on completion of the work; c. the persons concerned cannot be identified because of the form selected by the recipient for the publication of the results; d. everything indicates that the recipient will comply with statistical secrecy and will comply with federal law on data protection; and e. no overriding public or private interests preclude this.
Art. 101 OFCOM’s data protection measures
OFCOM shall take the technical and organisational measures to protect the collected data from misuse. In particular, it shall entrust the statistical work to an independent organisational unit which does not exercise any administrative or supervisory function.
Art. 102 Official secrecy
The persons entrusted with carrying out statistical work are subject to professional confidentiality with regard to the data on natural or legal persons that they have acquired in the exercise of their activity.
Art. 103 Dissemination of the statistical results
1 OFCOM shall publish the statistical results which are of public interest or shall make them accessible by means of a request procedure. It may provide the non-published data or data not made available via a request procedure on demand and for a fee, provided no public or private interests preclude this. 2 The results must be in a form which does not permit any conclusions to be drawn about the situation of a natural or legal person, unless the processed data has been made accessible to the public by the person concerned or they have given their consent. 3 The use or reproduction of statistical results is permitted subject to acknowledgement of the source. OFCOM may provide for exceptions.