VÜPF revision: Federal Council must take a step back

Florian Bodoky

16.2.2026

Translation: machine translated

Fierce criticism of the revision of the VÜPF: Instead of implementation, there is now a risk impact assessment and a second consultation.

After massive criticism of the planned changes to the Ordinance on the Surveillance of Postal and Telecommunications Traffic in the consultation, the Federal Council must go over the books. Instead of pursuing the proposal as planned, the Federal Department of Justice and Police has ordered an in-depth external review - a so-called risk impact assessment. The executive is also preparing a second consultation process.

What is being criticised

The revision centres on the «redefinition of the cooperation obligations» of telecommunications providers. These include traditional telcos such as Swisscom, Sunrise and Salt, but also communication platforms such as WhatsApp, Threema and Proton - suppliers that offer VoIP, VPN, email and similar services. The original draft stipulated that services with more than 5,000 users would have to store certain data - such as IP addresses - and hand it over on request for identification purposes. Suppliers with more than one million users would also have to retain metadata such as geolocalisation information for six months.

This plan drew criticism from all kinds of sectors: the IT industry association Swico described the draft as «disproportionate and rechtlich problematisch». He warned of additional costs, administrative effort and negative effects on Switzerland as a centre of innovation. The messenger service Threema explained that the revision would oblige it to collect more data and store it for longer than is in line with its own data protection concept. Proton also expressed its criticism and threatened to leave Switzerland if this revision was implemented. The planned approach - an ordinance instead of a revision of the law - was also criticised. This would also make a referendum impossible, for example.

The Swiss Digital Society saw the bill as a far-reaching encroachment on the fundamental rights of private individuals, as well as professional groups such as doctors, lawyers and journalists.

Criticism was also heard from political parties of all stripes: the SVP criticised the economic burden on companies and SMEs. Representatives of the FDP, Greens, Green Liberals and SP expressed concerns regarding proportionality, the legal basis and concrete implementation. Accordingly, opposition to the original bill also formed in parliament. The National Council and Council of States adopted motions calling for a fundamental revision and a new consultation process.

What happens next?

As soon as the external regulatory impact assessment is available, the Federal Council plans to draw up a revised version of the revision of the APAPF and put it up for discussion again. The government has not yet given a binding timetable. However, it is certain that the bill will not be continued in its original form.

Until then, it remains to be seen to what extent the ordinance on postal and telecommunications traffic will be amended.

Florian Bodoky

Editor

Florian.Bodoky@digitecgalaxus.ch

I've been tinkering with digital networks ever since I found out how to activate both telephone channels on the ISDN card for greater bandwidth. As for the analogue variety, I've been doing that since I learned to talk. Though Winterthur is my adoptive home city, my heart still bleeds red and blue. more

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