Law / Switzerland

Security Management Duties of Mobile Network Concession Holders

Verordnung vom 9. März 2007 über Fernmeldedienste (FDV), SR 784.101.1, Art. 96d to 96g

In force since .

A sector security regimes rule binding private bodies.

Instrument type
an act of a legislature
Obligation class
Security, Governance

As of .

What it requires

  • Applies to holders of a mobile network concession, for mobile networks that meet the international technical specifications for fifth-generation networks or later. Reached by declaring that you provide telecom services.
  • Develop, implement and continuously review an information security management system based on a risk analysis and the security objectives resulting from it (Article 96e(1)).
  • Within that system, implement a business continuity plan and a security incident management plan (Article 96e(2)).
  • Ensure that the security-critical installations you operate meet the state of the art (Article 96f(1)).
  • Operate your network operations centres and security operations centres only in Switzerland or in states whose legislation ensures adequate data protection (Article 96f(2)).
  • Where the Federal Office of Communications has a well-founded suspicion of a breach and needs an audit to establish the facts, undergo an audit by a qualified body at your own cost, or have your installations tested (Article 96g(2)).

These lines are LexLint's reading of the law's text, as of .

Who enforces it

Enforcement body

The Federal Office of Communications (BAKOM), which Article 58 of the Telecommunications Act charges with ensuring that telecommunications law, its implementing provisions and concessions are complied with.

Settledness

As of

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Articles 96e to 96g FDV apply to mobile networks that meet the international technical specifications for fifth-generation networks or later. Article 96e(1) FDV requires mobile concession holders to develop, implement and continuously review an information security management system based on a risk analysis and the security objectives resulting from it.

Article 96e(2) FDV requires mobile concession holders to implement, within that system, a business continuity plan and a security incident management plan. Article 96f(1) FDV requires mobile concession holders to ensure that the state of the art is met by the security-critical installations they operate.

Article 96f(2) FDV requires mobile concession holders to operate their network operations centres and security operations centres only in Switzerland or in states whose legislation ensures adequate data protection. Article 96g(2) FDV allows the Federal Office of Communications, on a well-founded suspicion of a breach, to require a mobile concession holder to undergo an audit by a qualified body at its own cost or to have its installations tested.

The section containing Articles 96d to 96g was inserted with effect from . Article 60 of the Telecommunications Act allows an undertaking that breaches applicable law to be charged an amount of up to 10 percent of the turnover achieved in Switzerland, averaged over the last three financial years.

When LexLint raises it

When your app profile says your app provides telecom services.

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