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Switzerland – Data

5. National Action Plan on Business and Human Rights

5.7 Pillar I: state duty to protect

5.7.2. Operation Principles: legislative and information policy measures

Guiding Principle 3 [pages 15-16]

PI4 Regulation of technologies for internet and mobile communication surveillance

Technologies for internet and mobile communication surveillance can be used for both civilian and military purposes, i.e. they are dual-use goods. They can be an element in state repression, for example, thereby exposing the business enterprises that manufacture or trade in them to an increased risk of becoming involved in human rights abuses. The export or brokerage of technologies for internet and mobile communication surveillance is governed by goods control legislation. On 13 May 2015, the Federal Council decided that a license to export or to broker such goods must be refused if there is reason to believe that the exported or brokered good will be used by the final recipient as a means of repression. The transfer of intellectual property, including expertise and the grant of rights, concerning technologies for internet and mobile communication surveillance was also made subject to license. The Federal Council regards the new legal foundation, and practice for granting export licenses, as appropriate to guarantee that human rights will be respected in connection with technologies for internet and mobile telecommunication surveillance. No further measures are planned.

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