The Supreme Court of the Canton of Zurich recently clarified that employers must clearly regulate the private use of work communication devices, as well as any related control mechanisms. Further, data processing such as verifying WhatsApp chat messages – even if the information is stored on a work mobile phone – must be done in accordance with the more restrictive Article 328b of the Code of Obligations.
The Federal Council recently adopted a plan to implement the national strategy to protect Switzerland against cyber risks until 2022 and took additional steps towards the establishment of a cybersecurity competence centre. Work is also underway to develop a cyber-defence campus and strengthen capabilities relating to information acquisition and allocation.
The Federal Council recently launched the consultation process on the preliminary draft of the new Federal Act on the Protection of Minors in respect of Films and Video Games (Youth Protection Act). The Youth Protection Act, which will comprehensively regulate the protection of minors and close existing legislative gaps, is embedded in a complex set of ongoing legal revisions in a national and international context.
The Federal Supreme Court recently ruled that internet access providers are not liable for third-party websites and portals that make movies available for illegal downloading or streaming. Further, internet access providers are not obliged to monitor or block access to such websites and portals.
The Federal Council recently announced its intention to create a cybersecurity competence centre to provide a one-stop national point of contact for all cybersecurity issues. The plan is a response to requests from Parliament and the business community and is a step towards implementing Switzerland's national strategy for protecting against cyber risks.