UNIVERSITY OF CALOOCAN CITY 1

COLLEGE OF BUSINESS AND ACCOUNTANCY

PUBLIC WIFI IN SWITZERLAND

By

Kyla Naomi R. Castillo

Mellinia Joyce N. Dayego

UNIVERSITY OF CALOOCAN CITY

College of Business and Accountancy

May 2022
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COLLEGE OF BUSINESS AND ACCOUNTANCY

PUBLIC WIFI IN SWITZERLAND

A Research
Presented in the Faculty of Business and Accountancy
University of Caloocan City

In Partial Fulfillment
of the Requirements for the Degree of
Bachelor of Science in Accounting Information System

By
Kyla Naomi R. Castillo
Mellinia Joyce N. Dayego

May 2022
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COLLEGE OF BUSINESS AND ACCOUNTANCY

Brief History of the public WiFi in Switzerland

Switzerland's technology-neutral approach to regulation encourages digital services,

thereby allowing for ample room for development of technology-driven business
models. In past decades, the liberalization of telecommunications services in
Switzerland has been synchronized with that of the European Union, and the Swiss
telecommunications market has developed positively. The current framework has
helped in developing potent and reliable communications networks, which serve as the
backbone to existing and upcoming communication technologies. The disruptive effect
of these new technologies (e.g., blockchain) respectively as new ways of connecting
people and devices (e.g., over-the-top (OTT) services, internet of things) nevertheless
creates challenges for regulators. Accounting for these developments, the parliament
lately amended the regulatory framework. The revised Federal Telecommunications Act
(TCA) entered into force on 1 January 2021. The amendments will strengthen consumer
protection as a main goal (e.g., by implementing stricter provisions regarding telephone
marketing, spoofing prevention, obligations of telecommunications service providers to
prevent spam mails and calls, a right of the authorities to withdraw or block domain
names and phone numbers in the event of non-compliance, transparency duties of
telecommunications service providers regarding their service quality and intervention
rights of the Federal Council regarding internet roaming). In addition, the revised TCA
expressly regulates net neutrality.

Due to the constitutional public service mandate, broadcasting continues to be subject

to stronger state regulation and control. Based on the assumption that a purely market-
driven broadcasting landscape would not be able to provide the constitutionally
required services, the Federal Act on Radio and Television (RTVA) creates a public
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service-oriented framework. Nevertheless, the convergence of electronic media as well

as today's usage behavior of consumers are challenging current broadcasting laws in
many ways. Broadcasters and especially publishers struggle to cope with digitization.
The Federal Council attempted to tackle these challenges by creating a new Federal Act
on Electronic Media, which would have included non-linear media offerings as a possible
public service. However, the proposal faced strong opposition from various
stakeholders. The Federal Council retreated and merely sent a package of measures in
favor of the media into parliamentary consultation. As part of this package, parliament
enacted the Federal Law on the Promotion of Online Media.
Telecommunications and internet access

I. Internet and internet protocol regulation

According to Article 3 TCA, telecommunications service means transmission of

information for third parties by means of telecommunications techniques. Transmission
by means of telecommunications techniques is defined as sending or receiving of
information, by lines or radio, by means of electrical, magnetic or optical signals or other
electromagnetic signals. Despite these statutory definitions, it was unclear whether and
to what extent OTT services qualify as regulated telecommunications services. When
revising the TCA, the legislator clarified that OTT-services are regulated.

Internet service providers have the same duties as other telecommunications services
providers, which are complying with employment legislation and guaranteeing the
working conditions that are customary in the sector and offering an appropriate number
of apprenticeships.
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COLLEGE OF BUSINESS AND ACCOUNTANCY

The technology-neutral TCA sets forth further obligations, but certain reliefs apply to
VoIP providers specifically. They do not need to have a fixed pre-setting of another
provider, namely no carrier preselection offer, since market conditions are not
comparable to traditional telephony. If providers of VOIP cannot guarantee correct
routing of emergency calls for every location due to technical constraints, it is sufficient
if correct routing is guaranteed for calls from the main location cited in the subscription
contract.

II. Universal service

ComCom awards one or more universal service licenses to ensure that universal service
is guaranteed for the whole population of Switzerland. Universal service licenses are put
out to tender as a competition based on criteria set forth in the OTS. The universal
service comprises, inter alia, public telephone services, the public directory, data
transmission services with a minimum transmission speed of 10Mbit/s for downloads
and 1Mbit/s for uploads as well as services for people with special needs. However, the
licensee may use the technology or technologies that it deems the most appropriate to
provide the service. In addition, the universal service licensee is not obliged to provide
broadband access when another operator offers a comparable alternative offering on
the market. The Federal Council fixes ceiling prices for the services forming part of the
universal service in the OTS. There is only one universal service license in place, which
was awarded to Swisscom.

The Federal Council does not subsidies investment in broadband infrastructure. OFCOM
is nevertheless pushing the development of broadband services and has adopted expert
recommendations to increase respective investments. Moreover, cantons and
municipalities actively support the development of broadband networks. For example,
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the city of Zurich funds its electric utility provider to build a fibre optic network. Despite
financial support from the government being scarce, consumer demand for high-speed
internet has made several market players invest in broadband infrastructure over the
past few years. In 2019, a third of Swiss households were directly connected by a fibre
optic connection.

III. Restrictions on the provision of service

Until recently, a Code of Conduct that Switzerland's main providers agreed upon in 2014
solely governed content discrimination (net neutrality). This Code explicitly allowed the
application of tailored prices to data traffic associated with particular applications (zero
rating) as well as bandwidth throttling. When initiating the revision of the TCA in 2017,
the Federal Council tried to follow this somewhat lenient approach. Following the
National Council's Transport and Telecommunications Commission's call for action,
however, parliament enacted a strict obligation to net neutrality: Under the revised TCA,
telecommunications service providers must transmit information without making a
technical or economic distinction between senders, receivers, content, services, classes
of service, protocols, applications, programs or terminals. Nevertheless, there are few
exceptions to the net neutrality rule, as follows:

a. complying with laws or court orders;

b. maintaining the integrity or security of the network, the services rendered via
the network or the devices connected to the network;
c. complying with the customer's express request; and
d. combating temporary and exceptional network congestion in a non-
discriminatory manner.
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Note that clauses in pre-formulated terms and conditions do not qualify as indications of
the customer's express request.

Moreover, telecommunications service providers must combat spam. Pursuant to the

revised TCA, telecommunications service providers are obliged to enable their
customers free of charge to filter incoming advertising calls and spam messages. They
must, inter alia, provide customers upon request with peripheral information on
advertising messages and advertising calls as well as addressing resources, names and
addresses of the customers whose connections were used for unfair mass advertising.

At the wholesale level, providers of telecommunications services with a dominant

position in the market must provide other registered providers access to their network
and services in a transparent and non-discriminatory manner. Forms of access to be
granted under the TCA include:

a. fully unbundled access to the local loop to use the full frequency spectrum of the
twisted metallic pair;
b. interconnection;
c. leased lines; and
d. access to cable ducts, provided sufficient capacity is available.

If the providers of telecommunications services do not agree on the conditions of access

within three months, ComCom will decide at the request of one of the parties and
OFCOM. The OTS deals with the maximum access price. It provides detailed guidance on
the rather complex calculation of these cost-oriented prices.
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IV. Privacy and data security

The main regulation governing privacy in Switzerland is the Federal Data Protection Act
(FDPA). To harmonize the FDPA with international developments, in particular the
European Union's General Data Protection Regulation (GDPR), Switzerland revised the
FDPA in 2020. The revised FDPA will probably come into effect at the end of 2022 or the
beginning of 2023 and mirrors many of the provisions set out in the GDPR. The Federal
Council has also released a draft for the new Ordinance to the Federal Act on Data
Protection (FDPO), which specifies details regarding data security and cross-border data
transfers. The draft, however, is facing criticism from stakeholders, what it imposes
duties that go beyond the FDPA. The Federal Council is expected to take account of at
least some of these objections when finalizing the FDPO.

Whoever processes personal data must respect the processing principles: lawfulness,
good faith, proportionality, transparency, data accuracy and data security. However,
non-compliance with the general principles may be justified in exceptional
circumstances, for example, where the person concerned consented to the processing
at hand. Personal data may be transferred abroad only if the destination country
ensures an adequate level of data protection. The FDPIC publishes a respective list of
countries. Similar to the GDPR, transmission of personal data to countries not having an
adequate level of protection may take place if adequate safeguards or exceptions set
forth by the FDPA apply.

Article 43 et seq. TCA set forth additional data protection and security rules in the
telecoms sector. The obligation of communication secrecy prohibits any person who is
or has been responsible for providing a telecommunications service from disclosing
information relating to subscribers' communications or granting anyone an opportunity
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to do so. Furthermore, providers of telecommunications services may process customer

location data only for the purpose of providing telecommunications services and
invoicing, except where the customer consented to other purposes or the data was
anonymized beforehand. Data stored on external equipment, in particular cookies, may
be processed for providing telecommunications services and invoicing. Processing for
other purposes is possible if the customer is informed about the use of cookies and his
or her right to opt out. Finally, the revised TCA and the Ordinance thereto include
provisions regarding the protection of children and adults. The Federal Council may
require the providers of internet access services to inform their customers about the
options in the area of children and adult protection. In addition, there are provisions
dealing with the prevention of illegal pornographic content.

The Federal Act on the Surveillance of Post and Telecommunications (SPTA) and its
related ordinance govern governmental surveillance in cases of criminal investigations,
in the context of judicial assistance in criminal matters as well as in the context of a
search for missing persons. The SPTA applies to telecommunications service providers,
operators of internal networks and providers of services based on telecommunications
services (providers of derived communications services). The Federal Service for the
Surveillance of Post and Telecommunications (Service) may order and instruct these
providers on how to carry out the surveillance of users, request them to take any
necessary measures and supervises implementation. The scope of this cooperation is set
out in detail in the SPTA. Telecommunications service providers, inter alia, must store
peripheral data for six months and assist in real-time surveillance of communication
content. Providers of derived communication services' cooperation duties are limited to
tolerate the Service's surveillance by providing necessary access and information. All
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providers bear the costs for providing the facilities needed for cooperation and only
receive adequate compensation for individual surveillance measures.

Different statutes deal with cybersecurity and cybercrime matters as follows:

a. Any intrusion into a data processing system is a criminal offence.

b. The FDPA requires that all personal data be protected by appropriate measures
from unauthorized access.
c. Telecommunications service providers are responsible to their customers for the
secure operation of their networks. They must immediately inform OFCOM of
faults in the operation of their networks affecting a relevant number of
customers. OFCOM publishes technical and administrative regulations for the
security and availability of telecommunications infrastructures and services on
its website in its practical implementation section. It can declare internationally
harmonized technical safety standards to be binding. ComCom supports the
elaboration and application of security criteria (such as the EU tool box for
secure 5G networks) that have to be applied by telecommunications service
providers when selecting their suppliers. Nevertheless, while detailed
cooperation duties of various stakeholders are set forth in the revised Ordinance
on Telecommunications Installations, ComCom is not able to influence supplier
or equipment selection or outsourcing decisions.
d. The revised TCA includes a specific cyber-threat provision. Telecommunications
service providers have to fight against unauthorized manipulation of
telecommunications equipment by means of telecommunications transmissions.
They are entitled to reroute or prevent connections and suppress information to
protect equipment. To protect against hazards, prevent damage and minimize
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risks, the Federal Council may issue regulations on the security of information
and of telecommunications infrastructures and services.
e. With regard to internet security, SWITCH has the possibility of temporarily
blocking domain names on reasonable suspicion that they are being used for
phishing or malware or to support these activities. In addition, SWITCH is obliged
to block domain names for 30 days at the request of an anti-cybercrime service
recognized by OFCOM. Moreover, with the revision of the OID, which came into
force on 1 January 2021, domain holder requests to SWITCH are subject to
stricter data protection requirements: SWITCH will only grant access to personal
data of the holder of a domain if an overriding legitimate interest can be
demonstrated.

Conclusions and outlook

The telecoms market was liberalized almost two decades ago, yet the former
monopolist still enjoys a strong position in the market. However, competition has been
picking up in recent years, and it will be interesting to see what impact the revised TCA
will have. Since the growing convergence of technologies will endure, more players will
continue to challenge each other over content and digital advertising revenue. It is safe
to say that digitalization will remain the common challenge in regulating both media and
telecoms.
According to me giving free Wi-Fi at public places is a very innovative as well as
fascinating idea. It will give chance to use internet to those people who are unaware or
can't afford to access internet at this time of modernization and digitization. It will allow
the economy to grow at fast pace. But as everything has its good as well as bad effects,
due to free Wi-Fi facility at public places, hackers will get the chance to hack large
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amount of data as they will be getting loads of data to hack at public places. There are
chances of other cybercrimes including hacking like phishing etc. So, government should
provide Wi-Fi at public places but after establishing well-regulated and proper watchdog
system against cybercrime so that people don't able to misuse it.

What are the challenges faced by your selected country

regarding the public WiFi in terms of;

1. Funding

High investment

Innovative products

Many new providers

Falling prices

Lower ranking in international comparisons

The Swiss Telecommunication Act (TCA) was last revised in 2007. At the time, the
Swiss Parliament deliberately chose not to regulate newer (esp. optical fibre)
networks. Since then, the market has developed dynamically. The Federal Council
therefore now wants to revise the TCA anew. The focus this time will be on the
expansion of access regulation.
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Technology-neutral access regulation: Optical fibre and cable

networks are now to be regulated

Consumer concerns:
Unwanted advertising calls
Roaming
Youth media protection
Net neutrality

Shifting responsibility from Parliament to the Federal Council:

the Federal Council now wants the expansion of access
regulation to be part of its remit.

Having brought state-of-the-art networks, lower prices and an explosion of offers,

the current TCA benefits consumers and businesses.

State-of-the-art networks
Ranked second worldwide in broadband coverage
99% have at least 30 Mbps
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COLLEGE OF BUSINESS AND ACCOUNTANCY

Exponential growth in bandwidth

Prices falling since 2007

Fixed network: -34%
Mobile: -83%
Mobile and fixed network subscriptions: -56%

Prices falling since 2007

200+ providers of fixed network, TV, Internet and mobile services
Free offers, e.g. WhatsApp, Zattoo, etc.
Ranked first (OECD) in broadband use

Ticino’s cantonal “public funding” initiative

1. Ticino’s cantonal initiative

The cantonal initiative wants the Federal Government to ensure the entire country has dense
high bandwidth coverage. Supply gaps can be plugged with appropriate tenders rather than
subsidising the universal service licensee.

2. Sensible if regulated at the regional level:

 Districts can ask the Federal Government for subsidies and pay for only a
proportion of the desired network expansion themselves.

 The advantage: Districts are best placed to determine their actual

needs. That's also part of the subsidiarity principle.
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Note: Swisscom is currently planning to expand the use of fibre-optic technology

within the building zones of every local authority. This basic expansion will not
involve any financial contributions from districts.

Price developments over

the last 20 years

+56%

+26%
+14%
+10%
-78%-73%-56%-17%-15%

Source: K-Tipp, 18.10.2017

2. Infrastructure

Statistics show: Switzerland ranks very highly worldwide in Broadband Infrastructure

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1st Broadband use:

In Switzerland there are 51.4 broadband connections per 100 inhabitants
– more than in any other OECD country (2010: 3rd)
1stPer capital investment in the telecoms market:
No other OECD country invests as much per capita as Switzerland in infrastructure
(2007: 5th)

2nd High bandwidth coverage (>10 Mbps):

Switzerland ranks second overall worldwide, with an average of more than
10 Mbps (2012: 6th)

3rd ICT development index (IDI):

Comprises the three sub-indices access, use and education/training (2008: 10th)

 Investment

Switzerland invests more in its telecom’s infrastructure than any other country
worldwide.

What would we be without Internet? We use it for all and everything, nowadays.
That's why more and more travelers look for ways to stay connected during their
trips. Indeed, with the loss of landmarks, you need to search things on the internet
more than ever. Here, we have a list of the best options you can use to stay
connected, like the mobile WiFi Switzerland.
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COLLEGE OF BUSINESS AND ACCOUNTANCY

Some travelers will prefer Free WiFi, because it's the cheapest solution on paper,
but it can be trap. First of all, free WiFi in Switzerland is available only in certain areas,
which means that you can't rely on it. Also, a lot of so-called "free" WiFi hotspots belong
to cafés or restaurants, and you'll have to order to get the login info.

Public WiFi hotspots are even worse in some cases. The connection is unstable, or at its
best very slow. Moreover, these networks aren't secure, and some travelers get hacked
on a daily basis, especially in train stations and airports.

3. Implementation

Being always connected is among the new needs of tourists, who are using more and
more smartphones for that goal. Still, data roaming costs are a major obstacle to that
end. If hotel Wi-Fi connections are offering part of the solution, municipal Wi-Fi
networks are the most interesting offer for connectivity on the go, a connectivity offered
both to own citizens and tourists. The touristic city of Lugano (Switzerland) has been
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offering an open Wi-Fi network since 2008. In the paper usage data, assessed via log
files as well as via a survey automatically displayed to connecting users, are presented
and discussed, providing a vivid profile of users (personas), and of their usage-patterns;
they also offer insights about the difference between citizens and tourists when it comes
to their usage of the Wi-Fi network.

Today we live in an increasingly mobile and connected world. Mobile devices such as
smartphones and tablets are omnipresent and they need connectivity to fully exploit
their potential. In Switzerland smartphone penetration rate reached 54 % in 20 13 with
64 % using it to access the Internet on a daily basis (Google and Ipsos Media CT 2013).
More and more travelers expect to be able to connect to the Internet not only at home
or in the office, but also when on the go and in public places, asking for connectivity
everywhere and at any time. This has favored a massive adoption of wireless
technologies. 30/40 networks are certainly the most widely adopted solutions. They are
ubiquitous s and reliable but (sometimes) slow and expensive, especially when used
abroad, due to data-roaming costs. Wi-Fi technology offers an interesting alternative, as
it is usually faster and cheaper for the end user, even though it covers only limited range
(Gass and Diot 2010).

Offices and commercial businesses, like shopping malls and restaurants, started to take
advantage of this technology to prov ide Internet access to employees and customers.
However, in public areas like streets and parks Wi-Fi access remains scarce. In order to
fill this gap and to reach people and businesses that have remained unreached, many
municipalities developed Municipal Wireless Networks (MWNs). Tourists were not the
primary audience of MWNs when they first emerged. Nevertheless, they certainly have
strong motivations to use them. Most tourists nowadays are equipped with mobile
devices, which they carry around when exploring a city. Foreigners rely on the
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availability of wireless networks whenever possible, as they do not want to pay high
roaming costs. MWNs allow tourists to access information on the place they are visiting
and to connect with friends and families.

In the first years of the new millennium, a number of cities around the globe planned or
implemented Municipal Wireless Networks in order to offer broadband Internet access
to employees, citizens and visitors (Middleton 2007). Their goals ranged from fostering
digital inclusion (Bar and Park 2006; Farkas et al. 2009; Tapia and Ortiz 2008), to
strengthening local economy (Estevez 2006) by enhancing attractiveness and
competitiveness (Ojala et al. 2007). To achieve these ambitious goals, municipalities
started to prov ide primary Internet access (main access to broadband connectivity)
(Middleton 2007). Access to broadband Internet was meant to become a public service:
"the electricity of the twenty-first century" (Middleton et al. 2006), to which everyone
should have had access (Estevez 2006; Middleton et al. 2006). Wi-Fi seemed to be the
perfect technology to achieve this, thanks to its "low barriers to entry" (Gillett 2006). It
has relatively low installation costs "streets do not have to be dug up" (Gillett 2006),
uses unlicensed spectrums, performs well, and is easy to use (Bar and Galperin 2004;
Middleton et al. 2008).

Yet, the initial euphoria about municipal Wi-Fi quickly evidenced problems and
disappointments. First, the implementation of ubiquitous MWNs was more com plex
and onerous than expected especially for providing connectivity not only outside but
also inside buildings (Fraser 2009). Second, as primary access providers, cities became
direct competitors to Internet Service Providers (ISPs), which started lobbying to
prohibit or strongly limit municipal broadband. Furthermore,

most initiatives were not able to identify a suitable and sustainable business model to
guarantee service over time (Christensen 2006; Estevez 2006; Hudson 2010). Finally, in
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many cases, it was simply taken for granted that public Wi-Fi access is something
citizens really need, while the service was not used as much as expected (Chesley 2009;
Fraser 2009; Hudson 20 10). These barriers led to several municipal WiFi initiatives (e.g.
Philadelphia, San Francisco or Chicago) to be abandoned after only 2 or 3 years (Chesley
2009; Fraser 2009; Jassem 2010).

On the other hand, there is no doubt that MWNs can be useful to people who require
connectivity (Middleton 2007), and municipalities and scholars are advocating for new
ways of taking advantage of this service. Cities started thinking about MWN in smaller
terms (Chesley 2009). Especially in Europe, where market players are preferred to
governments to develop wireless networks, more limited solutions of MWNs emerged
Chesley (2009) provides the example of Prague MWN, and notes that the service is not a
substitute for existing broadband access but just a service to provide information about
essential city services. Hudson (2010) argues that municipalities should aim at providing
broadband access in limited, well-selected outdoors public areas, such as public parks,
squares, or community centers. This allows to contain the costs as only small areas have
to be covered (Chesley 2009) and to better match the technical characteristics of Wi-Fi
(by covering outdoor areas). Thus, successful public Wi-Fi should be limited in scope and
scale (Fraser 2009). As a consequence, priorities of MWN changed. Whereas offering
secondary access (e.g., access when on the go) to tourists, business travelers and
citizens was a minor goal of first MWNs, it became a major purpose for cities offering
Wi-Fi broadband in public places (Estevez 2006; Middleton et al. 2008).

4. Legislation

According to Yaniv Benhamou, The Federal Council report, entitled “Legal

Basis for Social Media”, indicates that there appear to be no major gaps in Swiss law.
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The general rules of existing legislation (e.g., the Data Protection Act or the Civil Code)
apply to social networks and provide a reasonable solution to most problems the
platforms create. However, it’s uncertain whether the existing provisions will work in
practice. This applies primarily to the enforcement of existing legal claims, mainly
because of the international nature of the disputes, the often-anonymous
communication and occasional difficulty of allocating the responsibility of the different
parties involved (users, platform operators, providers).

Liability of service providers

Unlike most European countries, Switzerland has not made the liability of service
providers that provide access to a network (e.g., operators of social media platforms
and internet providers) subject to specific legislation (such as the European E-Commerce
Directive). The general provisions for criminal and civil responsibility apply and the
matter of liability appears to be less clear and there are several unanswered questions,
as the Federal Court also noted. The Federal Council therefore wants the Federal
Department of Justice and Police (FDJP) to clarify whether legislative action is required.
The FDJP will draw up a draft consultation paper by the end of 2015.

“The Federal Council is aware that not only providers, customers and authorities, but
also the judiciary benefits from clear legal rules. However, given the large number of
players and their different needs and problems, every conceivable bill on the
responsibility of internet providers and the prosecution of infringements on the internet
presents the challenge of finding a solution to satisfy everyone’s requirements. This
presents a danger not only of overregulation, but also of under regulation.”

Data protection legislations

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The Federal Council report identifies other problems in relation to data protection
legislation. They concern users’ lack of control over their data, such as the creation of
personality profiles or the ‘right to be forgotten’ on the internet. The Federal Council
instructs the FDJP to analyze the data protection legislation related to the social
networks. This will take place within the framework of the on-going legislative project
related to the Data Protection Act.

According to Martina Arioli, Switzerland does not have a specific comprehensive

regulation on cybersecurity. Provisions of general statutes apply, such as the Swiss
Criminal Code, the FADP, the TCA, etc.

Under the revised TCA, TSPs are obliged to combat any unauthorized manipulation of
telecommunications equipment, for instance by rerouting or preventing connections or
by suppressing information. Further provisions shall be contained on Ordinance level
regarding availability, operations, ensuring redundant infrastructures, reporting
malfunctions, traceability of operations, and the aforementioned redirection or
prevention of connections as well as suppression of information.

On 19 April 2018, the Federal Council adopted the “National Strategy for the Protection
of Switzerland against Cyber-risks (NCS)” for the period of 2018–2022. The strategy
builds on the results of the previous NCS adopted earlier in 2012, and aims to develop it
further. The objective is to minimize cyber-risks. The strategy encompasses new
standardization and regulations objectives, and lays the ground for discussions on
minimal standards for cybersecurity and new notification duties for cyber-incidents. The
Swiss Financial Market Supervisory Authority (FINMA) has published a supervisory
notice on the obligation for the banks, insurance companies and other institutions under
its supervision to report cyber-attacks. FINMA stipulates those relevant cyber-attacks
must be reported within 72 hours after detection of the incident.
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Under the revised FADP (entry into force to be expected in late 2022 or early 2023),
data breaches must be reported to the Federal Data Protection Commissioner (FDPIC) as
soon as possible, however, only if there is a high risk of negative consequences for the
data subjects concerned. Further, the data subjects must be informed of the data
breach if this is required for their protection or the FDPIC requests such information.

Here is the list the most important legislation which applies to the: telecoms, including
internet and any significant legislation on the horizon such as the regulation of online
harms, regulation of social media or artificial intelligence

The main law governing the transmission of information by means of

telecommunications techniques is the Telecomm-unications Act (TCA). The TCA and the
Ordinances based upon the TCA have recently undergone revision, entering into force
on 1 January 2021.

The aim of the TCA is to ensure that a range of cost-effective, high-quality, and
nationally and internationally competitive telecommunications services is available to
private individuals and the business community. The TCA shall, in particular: a) ensure
that a reliable universal service is provided at affordable prices for the entire population
in all parts of the country; b) ensure that telecommunications traffic is free from
interference and respects personal and intellectual property rights; c) allow effective
competition in the provision of telecommunications services; and d) protect users of
telecommunications services from unfair mass advertising and from abuse associated
with value-added services. The core aims of the recent partial revision include the
strengthening of consumer protection, the protection of children and young people, the
principle of network neutrality, the restricted access to the "last mile" for fibre optic
connections as well as the promotion of competition. Further, the Federal Act on Unfair
Competition has been revised in order to tighten the requirements for telephone
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marketing, and to introduce the possibility for the public prosecutor's office and courts
to revoke or block domains and telephone numbers that have been used in violation of
the Act on Unfair Competition or the Price Disclosure Ordinance (PBV). On the basis of
the TCA, several Ordinances have been enacted and revised: the Ordinance on
Telecommunications Services; the Ordinance on Telecommunications Installations; the
Ordinance on the Addressing Resources of Telecommunications Services with
modernized standards relating to short numbers; the Ordinance on Frequency
Management and Radio Licenses, completely revised with technical adjustments; the
Ordinance on Electromagnetic Compatibility; and the Ordinance on Fees in the
Telecommunications Sector. Further, the Federal Act on Surveillance of Post and
Telecommunications (SPTA) and the respective Ordinance apply to communications
services. The only specific legislation pertaining exclusively to the internet is the
Ordinance on Internet Domains containing provisions on the list of all domains (WHOIS
database) and on combatting cybercrime. The revised TCA contains provisions to ensure
net neutrality.

5. Public Acceptance

According to Uwe Serdült, Switzerland has a very high-performance and high-

speed telecommunications infrastructure. The economy as a whole benefit from
competition in infrastructure and services. With 46.5% of the population having fixed
and mobile broadband access as of the end of 2019, Switzerland is consolidating its
position at the top of the ranking of Organization for Economic Cooperation and
Development (OECD) countries.

In the article written by Sara Ibrahim the Internet has changed the way we work,
communicate and have access to information; even the rules of warfare. War has now
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shifted online. Russia has proven this in recent weeks with cyberattacks on the virtual
infrastructures of key Ukrainian institutions External link such as the Ministry of Foreign
Affairs and other government agencies.

The goal is to steal important information, disseminate false information, and make the
systems of hostile countries vulnerable. After all, if you control the Internet, don't you
also control the world? The truth is that few rules apply in the digital space, and those
that do exist can be circumvented, sometimes causing incalculable damage to
governments and individuals.

Switzerland is not a leading country in terms of e-government. One only has to look at
the delays in important issues such as digital identity and electronic medical records,
two projects that are much discussed (the Swiss population even voted on digital
identity last year), but which are still at a standstill.

Recently, a hacker attack hit the Swiss railways External link, leaking the personal data of
thousands of passengers: names, travel classes, departures, destinations. The hacker
declared that he had no criminal intent but only wanted to expose the problem of data
security in Switzerland. It is a rather challenging problem in a country that hosts some of
the world's most important non-governmental organizations and millions of
humanitarian data.

A sophisticated attack on the External link of the servers of International Committee of

the Red Cross made headlines. The cyberattack compromised the confidential
information of more than half a million vulnerable people around the world – victims of
conflicts, disasters, migration – and highlighted Switzerland's lack of a sovereign Swiss
cloud that is secure and neutral.
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Instead, the Swiss government continues to rely on private companies such as Amazon,
IBM, Microsoft and Oracle to manage its government data cloud. And the government's
current decision to include the large Chinese e-commerce site Alibaba in this list of large
private players has attracted much criticism.

Current development/trends in Switzerland regarding their

Public WiFi

According to the Research Report entitled “Internet Use in Switzerland 2011–2019:

Trends, Attitudes and Effects”, It reports summarizes results from our representative
Internet survey in 2019 and highlights major developments and trends of the past
decade, based on data from our long-term biannual studies since 2011.

The World Internet Project (WIP) is an international, collaborative science project which
has been recording the dissemination and use of the Internet on an international basis
since 1999. In 2019, the fifth World

Internet Project – Switzerland (WIP-CH) survey was conducted. A representative sample

of the Swiss population was interviewed about their Internet use and attitudes towards
the Internet. Since 2011, over 5,500 interviews have been conducted within the WIP-CH,
the results of which are presented in four thematic reports: Internet Diffusion and
Digital Divides, Internet and Politics, Internet Applications and Usage, and Trust and
Concerns of Internet Users in Switzerland. 92% of the Swiss population online – Internet
penetration in Switzerland among the highest worldwide

Recently, the diffusion of the Internet has slowed due to saturation. In2019, 92% of the
Swiss population used the Internet (2011: 77%, 2013:
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85%, 2015: 88%, 2017: 90%, and 2019: 92%). Switzerland ranks among the leading
countries regarding Internet penetration rates, comparable with the USA (94%) or
Sweden (92%). Examples for WIP partner countries that show lower Internet
penetration rates are Taiwan (68%) or Tunisia (49%). Two thirds (66%) of the Swiss
population and (71% of Internet users) use social network sites.

Major trend of the 2010s: The rise of the mobile Internet

In 2019, 8 out of 10 Swiss people (80%) use the Internet via mobile devices. This
corresponds to 87% of Internet users. Thus, the dissemination of mobile Internet has
increased once again within the past two years (2011: 20%, 2013: 39%, 2015: 63%,
2017: 72%, and 2019: 80%). All sociodemographic groups – although not equally are
strongly show a rise in mobile Internet use. Mobile use among users aged 50–69, for
example, has particularly increased.

Overall, Swiss Internet users rate their abilities to cope with challenges of the digital era
highly. They mostly indicate that they can distinguish personally important from
unimportant online activities (85%), deliberately select which online information to
follow (76%), and set up Internet services in a way that they do not distract them (78%).
4 out of 10 (38%) of Internet users in Switzerland feel that their personal social
environment expects them to respond to messages quickly. In the professional
environment, three quarters (73%) of Internet users feel this way. Especially younger
users perceive intense social digital pressure regarding constant availability and skills.

A quarter (26%) of Internet users in Switzerland believe they waste their time on the
Internet while neglecting more important things and 24% report spending more time
online than they would like. This is especially found for younger users.

Data Basis WIP-CH

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Analyses are based on representative samples from the language-assimilated resident

population of Switzerland aged 14 and over. In every wave of the biannually conducted
survey, around 1,100 people were interviewed. This results in the following sample
sizes, which form the data basis for all calculations and figures:

It was also stated that in Switzerland, 92% of the population aged 14 and over use the
Internet in 2019. Hence, Switzerland continually ranks among the highest-diffusion
countries worldwide, like the USA (94%) or Sweden (92%). WIP country partners with
lower dissemination of the Internet are, for example, Taiwan (68%) or Tunisia (49%).2 –
80% additionally use mobile Internet via mobile devices, such as mobile phones. This
group of mobile users covers 87% of Internet users. – In 2019, 66% of the Swiss
population use social network sites such as Facebook or Twitter. This corresponds to 7
out of 10 Internet users (71%). –Approximately 580,000 Swiss people, which correspond
to 8% of the population, did not use the Internet (anymore) in 2019. However, some
non-users use the Internet indirectly (proxy users). – 3% of the population are proxy
users, which translates to two fifths (40%) of all non-users. These proxy users do not
actively use the Internet themselves but have asked other people (primarily family
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members) within the last year to purchase something online, search for information, or
write emails on their behalf. Figure 1 shows the development of Internet penetration
between 2011 and 2019.

Bibliography
Anna Picco-Schwendener and Lorenzo Cantoni (2015, June) Tourists and Municipal Wi-Fi
Networks (MWN): The Case of Lugano (Switzerland) from the book of Information and
Communication Technologies in Tourism 2015 (Proceedings of the International
Conference in Lugano, Switzerland)

Stefan Kilchenmann (2018, January) “Swiss regulation and telecom network

infrastructure” from https://www.readkong.com/page/swiss-regulation-and-telecom-
network-infrastructure-7838519

Lukas Bühlmann, Michael Reinle and Damian George (2022, January) “The Technology,

Media and Telecommunications Review: Switzerland” from https://the-law-
reviews.co.uk-title-the-technology-media-and-telecommunications-review/switzerland

Anna Picco-Schwendener (2018, December) “Tourists and Municipal Wi-Fi Networks

(MWN): The Case of Lugano (Switzerland)” from https://www.researchgate.net-
publication-302401968-Tourists-and-Municipal-WiFi-Networks-MWN-The-Case-of-
Lugano-Switzerland

MY WEBSPOT 2022 (2022, March) “Mobile Wi-Fi Switzerland: the perks of staying
connected abroad” from https://www.my-webspot.com/blog/mobile-wifi-switzerland

Alphornblaeser Rosenlaui (2022, January) “WiFi General Facts” from

https://www.myswitzerland.com/en/planning/about-switzerland/general-facts/general-
information/wlan
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Yaniv Benhamou (2013, October) “Switzerland: No special law for social network” from
http://copyrightblog.kluweriplaw.com/2013/10/31/switzerland-no-special-law-for-
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Priya Joshi (2016, December) “Free Wi-Fi at public places: Pros and Cons” from
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Martina Arioli (2021, October) “Telecoms, Media and Internet Law and Regulation in
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Sara Ibrahim (2022, January) “In the Wild West of the Internet, cyberattacks are the
order of the day” https://www.swissinfo.ch/eng/in-the-wild-west-of-the-internet--
cyberattacks-are-the-order-of-the-day--Switzerland-risks-being-left-behind--/47301700

Michael LatzerInternet (2019) “Use in Switzerland 2011–2019: Trends, Attitudes and

Effects” from https://www.mediachange.ch/media//pdf/publications/SummaryReport-
WIP-CH_2019.pdf
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