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Article Switzerland: Video and Phone Conferencing to be Allowed in Civil Proceedings

On October 16, 2024, the Swiss government decided to adopt an ordinance permitting courts to conduct civil proceedings through video and telephone conferencing.

The Federal Council reviewed the results of the consultation on the “Ordinance on the Use of Electronic Means for Audio and Video Transmission in Civil Proceedings” (Verordnung über den Einsatz elektronischer Mittel zur Ton- und Bildübertragung in Zivilverfahren, VEMZ) and determined it should go into effect January 1, 2025. The ordinance is part of a comprehensive revision of the regulations governing civil proceedings in Switzerland, and it specifies the technical requirements and data security and privacy standards that must be adhered to when using video and telephone conferencing in civil matters.

Background

On January 1, 2025, a revised Swiss Code of Civil Procedure (Zivilprozessordnung, ZPO) will come into effect. As part of this revision, the Federal Council is responsible for establishing the technical standards required for the use of electronic means for audio and video transmission in civil proceedings. (ZPO, arts. 141a, 141b (new).)  

The publication of a draft of the VEMZ was followed by an extensive consultation period (Vernehmlassungsverfahren), with participation from the Swiss cantons (states), political parties, and other interested organizations. While most participants generally favored the draft ordinance, the Federal Council was asked to strengthen the draft with respect to data security and privacy protection. Since civil proceedings often involve sensitive data, participants thought it important to ensure that unauthorized persons cannot observe or record the transmission of data during electronic proceedings.

Content of the Ordinance

The ordinance establishes that courts may use video or telephone conferencing for all parts of a civil proceeding, including expert testimony, party interrogations, or the submission of evidence. The VEMZ details the infrastructure that courts and participants must have to conduct or participate in a video or telephone conference. (Art. 2.) For instance, the software utilized must enable the court and participants to securely share and present documents with one another. It also defines measures that courts may take to ensure orderly proceedings during video conferences, such as ensuring that the microphones of public attendees remain muted.

To guarantee sufficient privacy and data security, the ordinance outlines the requirements for the transmission of audio and video, as well as how data must be handled during and after the transmission. It mandates that systems used for these purposes must be configured to meet these security standards. (Art. 3 para. 1.) Additionally, the Federal Council has restricted the selection of service providers for audio and video transmission systems or servers involved in these processes. The servers used and the service providers must be located, domiciled, or headquartered in Switzerland or a member state of the European Union. (Art. 3 para. 2.)

The court must ensure the required privacy of the proceedings and prevent unauthorized third parties from gaining access to the conferences or following the proceedings. (Art. 5.) Audio and video recordings may only be made by the court or by third parties specifically authorized by the court, who must adhere to stringent conditions, including prohibitions on using the data for their own purposes, sharing it with anyone other than the court, and destroying the recordings once the court confirms receipt. (Art. 10.)

Related Developments

Switzerland’s new regulations align with similar developments in other European countries. Since the COVID-19 pandemic, the use of video conferencing in civil proceedings has gained widespread acceptance. While the use of video conferencing has been legally permissible in Germany since 2012, a recent legislative proposal by the Federal Ministry of Justice seeks to expand its potential applications.

Prepared by Maximilian Spitzley, Law Library Intern, under the supervision of Jenny Gesley, Foreign Law Specialist

Law Library of Congress, October 24, 2024

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Chicago citation style:

Gesley, Jenny. Switzerland: Video and Phone Conferencing to be Allowed in Civil Proceedings. 2024. Web Page. https://www.loc.gov/item/global-legal-monitor/2024-10-23/switzerland-video-and-phone-conferencing-to-be-allowed-in-civil-proceedings/.

APA citation style:

Gesley, J. (2024) Switzerland: Video and Phone Conferencing to be Allowed in Civil Proceedings. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2024-10-23/switzerland-video-and-phone-conferencing-to-be-allowed-in-civil-proceedings/.

MLA citation style:

Gesley, Jenny. Switzerland: Video and Phone Conferencing to be Allowed in Civil Proceedings. 2024. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2024-10-23/switzerland-video-and-phone-conferencing-to-be-allowed-in-civil-proceedings/>.