Telecommunications Act (TCA) (TCA)
Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 43 Obligation of confidentiality
No person who is or has been responsible for providing a telecommunications service may disclose to a third party information relating to subscribers’ communications or give anyone else an opportunity to do so.
Art. 44
Repealed by No II 31 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121).
Art. 45 Disclosure of information to subscribers
1 The customer may require the provider of telecommunications services to inform him of the data on which invoices are based, in particular the addressing resources, the times when calls were made and the payment due. 2 Any person requiring this data to trace nuisance calls or unfair mass advertising may require the provider of telecommunications services to inform him of the name and address of the subscribers whose lines were used to make the calls in question.
Para. 2 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 45a Unfair advertising
1 Providers of telecommunications services shall combat unfair advertising in accordance with Article 3 paragraph 1 letters o, u und v of the Federal Act of 19 December 1986 on Unfair Competition. 2 The Federal Council may define measures that are appropriate and necessary to combat unfair advertising.
Art. 45a — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Art. 45a — Amended by No I of the FA of 22 March 2019, in force since 1 July 2021 (AS 2020 6159; BBl 2017 6559). Para. 1 — SR 241 Para. 1 — Amended by No I of the FA of 22 March 2019, in force since 1 July 2021 (AS 2020 6159; BBl 2017 6559).
Art. 45b Location data
Providers of telecommunications services may process data concerning locations of customers only for the telecommunications services and charging purposes; they may only process it for other services if they have first obtained the consent of customers, or in anonymised form.
Art. 45b — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 45c Data on external equipment
Processing of data on external equipment by means of transmission using telecommunications techniques is permitted only: a. for telecommunications services and charging purposes; or b. if users are informed about the processing and its purpose and are informed that they may refuse to allow processing.
Art. 45c — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 46 Protection of privacy
The Federal Council shall regulate, in particular, the identification of the caller’s line, call forwarding, the use of data relating to telecommunications traffic and the security of telecommunications services with regard to interception and interference by unauthorised persons. In so doing, it shall take account of the need to protect the privacy of telecommunications users and of overriding public interests.
Art. 46a Protection of children and minors
1 The Federal Council may issue regulations to protect children and minors from the dangers arising from the use of telecommunications services. In particular, it may require providers of internet access to advise their customers on the options for the protection of children and minors. 2 In order that information with pornographic content in accordance with Article 197 paragraphs 4 and 5 of the Criminal Code may be quickly and globally deleted, OFCOM, the Federal Office of Police and the competent cantonal bodies shall coordinate suitable measures. For this purpose, reporting offices operated by third parties and foreign authorities may be consulted and supported. The Federal Council shall regulate the details. 3 Telecommunications service providers shall block information with pornographic content in accordance with Article 197 paragraphs 4 and 5 of the Criminal Code that is brought to their attention by the Federal Office of Police. Telecommunications service providers shall report
Art. 46a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 2 — SR 311.0