- State Secretariat for Economic
At the moment Switzerland does not have a specific anti-spam law. However,it
does have a general disposition in art. 2 of the Federal Act against Unfair
Competition. A victim could file an action for an injunction against a
Swiss spammer in Switzerland under that law. As in other countries, various
authorities are dealing with spam issues from different
angles. The Federal Office of Communications (OFCOM, the telecommunication
regulator) deals with general policy issues. The Federal Data
Protection Representative (EDSB) covers the data protection aspects. The
State Secretariat for Economic Affairs (SECO) ensures consumer protection.
Individual complaints against spammers must be filed in court. Specific
anti-spam legislation will most probably enter into force at the beginning
of 2006 and will be similar to EU law (Article 13 of Directive 2002/58/EU).
It will be an amendment to the Federal Act against Unfair Competition
and the State Secretariat for Economic Affairs will be responsible
for cross-border enforcement for individuals as well as for companies.
Switzerland will also oblige Telecom Service Providers to fight spam.