Persona: Senior Policy Analyst, Digital Rights & European Governance
Abstract
This presentation, delivered at the 39th Chaos Communication Congress (39C3), provides a comprehensive retrospective and outlook on the digital policy landscape in Switzerland for 2025–2026. Speakers Kire and Rahel, Co-Managing Directors of the Digitale Gesellschaft (Digital Society), analyze the state of Swiss "Netzpolitik," focusing on the tension between state-led digitization and the protection of fundamental rights. Key developments discussed include the legislative progression of the Swiss E-ID following its initial 2021 rejection, the controversial rebranding and "opt-out" shift of the Electronic Health Dossier (E-GD), and the ongoing struggle to implement secure, privacy-respecting "E-Collecting" for direct democracy.
The report highlights a landmark judicial victory: a Federal Administrative Court ruling declaring mass cable surveillance (Kabelaufklärung) unconstitutional and non-compliant with the European Convention on Human Rights, despite a five-year grace period for legislative correction. Furthermore, the analysts address the "VÜPF" ordinance revision, which threatens the operational viability of secure communication providers like Proton and Threema through mandatory identification requirements. The presentation concludes by emphasizing the growing influence of digital civil society in Switzerland, advocating for "Privacy by Design" as a prerequisite for restoring public trust in state-led digital infrastructure.
Swiss Digital Policy Review: 2025–2026 Analysis
1:33 Electronic Identity (E-ID) Progress: Following the 65% rejection of the privatized E-ID in 2021, a new state-run proposal incorporating "Privacy by Design" and "Privacy by Default" was developed. Analysts successfully negotiated "Holder Binding" requirements to ensure Open Source wallet compatibility, preventing proprietary hardware lock-in. Despite narrow referendum approval, a persistent trust deficit in state digitization remains a primary hurdle.
5:59 E-Collecting and Direct Democracy: Efforts to digitize the Swiss signature collection process face scrutiny. A pilot project in St. Gallen was criticized for lack of transparency and non-open-source architecture. Activists proposed a decentralized, privacy-focused alternative at a federal hackathon to prevent the creation of "political orientation registers."
10:47 Rebranding the Electronic Health Dossier (E-GD): Formerly the E-PD, the revised E-GD has shifted to an "opt-out" model, automatically creating dossiers for all citizens. Analysts criticize this centralized storage approach for lacking "Privacy by Design" and cite international precedents (e.g., Norway) where centralized health data suffered massive breaches.
13:07 Big Tech and Platform Regulation: Zurich has solidified its status as a European hub for tech giants (Google, Microsoft, etc.). Switzerland currently lacks equivalents to the EU’s Digital Services Act (DSA) or Digital Markets Act (DMA). A "hesitant" federal proposal for platform regulation is currently in the consultation phase, aimed at asserting digital sovereignty over the Terms of Service of multinational corporations.
16:21 AI Regulation and Ancillary Copyright: The "Link Tax" (Leistungsschutzrecht) remains a contentious issue. The "Gössi Motion" sought to protect intellectual property from AI misuse but originally risked de facto banning AI chatbots. Legislative revisions shifted the focus from "Opt-In" to "Opt-Out" regarding the training of generative AI models on Swiss data.
19:55 Judicial Setback for Cable Surveillance: The Federal Administrative Court ruled that mass surveillance of cross-border communication is unconstitutional and lacks sufficient abuse protections, journalistic source protection, and effective oversight. While a victory for civil rights, the court granted the government a five-year window to rectify the law.
23:05 Expansion of the Surveillance State (VÜPF): A proposed revision to the VÜPF ordinance mandates identification requirements for any internet service with over 5,000 users. This directly threatens the business models of privacy-centric Swiss companies like Proton and Threema. Over 1,000 pages of critical feedback have forced a regulatory impact assessment, delaying further action until 2026.
25:46 Strengthening Digital Civil Society: The Digitale Gesellschaft reports significant growth in membership and political influence. By forming unusual alliances—such as with the business federation Economiesuisse—the NGO has moved from a reactive "protest" role to a proactive stakeholder in the federal legislative process.
29:32 Community and Future Outlook: The annual "Winter Congress" (Zurich, Feb 2026) remains the central hub for Swiss digital activism. The overarching goal for the coming year is to move beyond "petitions" and utilize the Swiss referendum system to ensure digitization serves public interests rather than state surveillance or corporate data harvesting.
Review Recommendations
The following groups would find this analysis critical for their operational and strategic planning:
Data Privacy Officers & Legal Counsel: To navigate the shifting Swiss regulatory environment regarding E-ID and health data.
EU Digital Policy Experts: To understand the "Brussels Effect" (or lack thereof) on non-EU neighbors like Switzerland.
Privacy-Tech Executives (SaaS/Encrypted Comms): To assess the risks posed by the VÜPF identification mandates.
Human Rights Activists: To study the successful legal strategies used to challenge mass cable surveillance in federal courts.