Switzerland allows tech firms to provide data to EU investigators

The Swiss Federal Council has implemented a transitional solution allowing Swiss technology companies to provide digital evidence, such as emails, chat logs, and IP addresses, directly to law enforcement authorities in the European Union.

This measure addresses a legal conflict created by the EU's new e-Evidence regulation. Under existing Swiss law, providing data directly to foreign prosecutors could be considered a prohibited act for a foreign state. However, the new EU rules allow investigators to request electronic evidence directly from service providers. To prevent Swiss companies from being forced to choose between violating European or Swiss law, the Federal Council has introduced a special permit system.

Companies such as Swisscom, Sunrise, and Proton can apply for these special permits through the Federal Department of Justice and Police (EJPD). These permits are valid for a maximum of two years and require a formal official order. The Swiss government is currently reviewing the new EU regulations and preparing a permanent legislative framework to resolve the issue long-term.