Re: [swinog] What are the legal requirements of swiss email providers to identify users?

[Manuel Wenger]

Hi Benoit,
this is indeed an interesting question, and you can probably find your answers 
here: https://www.li.admin.ch/de/themen/das-neue-buepf

In particular, the PDF "Information sheet on TSPs and PDCSs" should be 
interesting: 
https://www.li.admin.ch/sites/default/files/2019-04/04_2019_Merkblatt_FDA_AAKD_EN.pdf

Even if ProtonMail has to register as a TSP (I do not know as I didn't verify 
that in detail), if their annual turnover is <100M CHF they don't need to keep 
logs for 6 months (as long as they requested a downgrade to the PTSS for a 
reduction in the extent of the obligations).

If they are registered as a TSP (you can check that here 
https://www.eofcom.admin.ch/eofcom/public/searchCatalog.do ) then they need to 
register their customers by name. But even if they do that, they have no 
obligation (on the contrary, they are not even allowed!) to tell you who the 
customer is.

If you felt bothered by the mass advertisment email, you may take legal steps, 
and if necessary, the autorities will request the customer name to ProtonMail 
via an official request through PTSS. There's no such thing as self justice (as 
in "I ask you who the customer is and you tell me"). We as an ISP are not even 
allowed to tell the police who a certain customer is, unless the request comes 
in through PTSS via the official request forms (or their online tool).

Regards
Manuel


On 17.06.19, 15:07, "swinog-boun...@lists.swinog.ch on behalf of Benoit 
Panizzon"  
wrote:

Hi List

Lately we received mass advertizement emails sent via protonmail.com an
email provider offering freemail and commercial email accounts.

One of the first statements on their website is:

Quote:
"ProtonMail is incorporated in Switzerland and all our servers are
located in Switzerland. This means all user data is protected by strict
Swiss privacy laws"

So I suppose, as we other ISP all do, they have to keep logs for 6
months and are required to somehow verify the identity of their
customers prior to offering them a service.

So I asked them to provide the identity of their 'mass advertizement'
sending customer to ask this customer for a proof of opt-in or existing
customer relationship, as intended by swiss privacy laws.

They promptly terminated the account in question, but stated that they
do not keep any logs and have no means to identify whom the account
belongs to.

=> is this legal?

Mit freundlichen Grüssen

-Benoît Panizzon-
--
I m p r o W a r e   A G-Leiter Commerce Kunden
__

Zurlindenstrasse 29 Tel  +41 61 826 93 00
CH-4133 PrattelnFax  +41 61 826 93 01
Schweiz Web  http://www.imp.ch
__


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[swinog] What are the legal requirements of swiss email providers to identify users?

[Benoit Panizzon]

Hi List

Lately we received mass advertizement emails sent via protonmail.com an
email provider offering freemail and commercial email accounts.

One of the first statements on their website is:

Quote:
"ProtonMail is incorporated in Switzerland and all our servers are
located in Switzerland. This means all user data is protected by strict
Swiss privacy laws"

So I suppose, as we other ISP all do, they have to keep logs for 6
months and are required to somehow verify the identity of their
customers prior to offering them a service.

So I asked them to provide the identity of their 'mass advertizement'
sending customer to ask this customer for a proof of opt-in or existing
customer relationship, as intended by swiss privacy laws.

They promptly terminated the account in question, but stated that they
do not keep any logs and have no means to identify whom the account
belongs to.

=> is this legal?

Mit freundlichen Grüssen

-Benoît Panizzon-
-- 
I m p r o W a r e   A G-Leiter Commerce Kunden
__

Zurlindenstrasse 29 Tel  +41 61 826 93 00
CH-4133 PrattelnFax  +41 61 826 93 01
Schweiz Web  http://www.imp.ch
__


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