English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 31 Implementing provisions on types of information requests and surveillance
1 The Federal Council shall specify the information to be provided by providers of telecommunications services and the types of surveillance they must conduct. It shall specify for each type of information request and surveillance which data must be supplied. 2 It shall set time limits for supplying the data. 3 The FDJP shall issue the technical and administrative provisions required for the standardised provision of information and the standardised conduct of the common types of surveillance. It shall specify, in particular, the interfaces and data formats to be used for delivering the data to the Service. It shall take account of the corresponding international standards.
Art. 32 Ability to provide information and carry out surveillance
1 Providers of telecommunications services must at all times be able, in accordance with the applicable law, to supply the information referred to in Articles 21 and 22 and the information referred to in Articles 24 and 26 paragraph 2 letter a and to carry out surveillance of the telecommunications services they offer, provided the provision of information and the surveillance are standardised. 2 Where information is requested or surveillance types are ordered that are not standardised, providers of telecommunications services must work with the Service in accordance with its instructions and take all appropriate measures to ensure trouble-free implementation. 3 Providers of telecommunications services may, at their own expense, entrust third parties to fulfil these obligations. They must ensure that the third parties can guarantee the security and confidentiality of the data. Third parties entrusted with the fulfilment of these obligations shall be subject to the supervision of the Se
Art. 33 Proof of ability to provide information and carry out surveillance
1 At the request of the Service, providers of telecommunications services must prove at their own expense that they are able, in accordance with the applicable law, to respond to the standardised information requests and to carry out the standardised surveillance types. 2 The Service may engage third parties to verify ability to provide information and carry out surveillance. 3 It shall define the technical and organisational details for providing proof in individual cases. 4 It shall charge the provider of telecommunications services a fee to cover the cost of verification. The Federal Council shall set the fees. 5 It may instruct providers to take technical and organisational measures to remedy deficiencies related to their ability to provide information and carry out surveillance. 6 It shall issue confirmation to the providers as soon as proof has been provided. The Federal Council shall regulate the content and term of validity of this confirmation, in particular in the case of tec
Art. 34 Liability for costs in case of insufficient cooperation
1 Providers of telecommunications services must bear the costs incurred if they are unable or unwilling to fulfil their obligations under Article 32 and these obligations must as a result be assigned to the Service or to a third party. 2 They are not required to bear the costs if they are unable to fulfil their obligations and one of the following is true: a. They have valid confirmation of their ability to carry out the type of surveillance concerned. b. They have submitted proof of their ability to carry out surveillance, but this has not been verified within a reasonable period for reasons beyond their control.