Summary
The Federal Council has noted the results of the 2025 consultation on two ordinances governing the surveillance of postal and telecommunications traffic. An external company is currently conducting a regulatory impact assessment to analyze the economic effects on affected companies. After completion of this analysis, the Federal Council plans a second consultation round, following two parliamentary motions that had called for a fundamental revision of the draft ordinances.
Persons
- Feller (Motioner National Council)
- Gapany (Motioner Council of States)
Topics
- Telecommunications traffic regulation
- Consultation procedure
- Regulatory impact assessment
- Business impacts
Clarus Lead
The Federal Council is pursuing a two-stage revision procedure for the ordinances governing telecommunications surveillance. The first 2025 consultation provided extensive feedback, which is now being systematically incorporated into the revision. In parallel, the Federal Department of Justice and Police (FDJP) commissioned an external company to conduct a regulatory impact assessment (RIA) to quantify the economic consequences for affected companies – a crucial step for evidence-based regulation.
Detailed Summary
The revision of the ordinances VÜPF (Ordinance on the Surveillance of Postal and Telecommunications Traffic) and VD-ÜPF follows a structured process. The 2025 consultation yielded numerous statements from stakeholders, which the Department of Justice and Police is systematically evaluating. This feedback will be directly integrated into the revised ordinance proposal.
In parallel, an external specialized company is analyzing the economic impacts on companies required to cooperate – particularly telecommunications and postal providers. This regulatory impact assessment is central to identifying unintended compliance burdens or market distortions. The RIA results will also be incorporated into the proposal.
Parliamentary motions (Motion 25.4206 Feller in the National Council and Motion 25.4273 Gapany in the Council of States) called for a fundamental revision and second consultation in September 2025. The Federal Council accepted these demands, as it had already commissioned corresponding work. After completion of the RIA, a second consultation round will be opened.
Key Statements
- The Federal Council is conducting an external regulatory impact assessment to analyze economic effects on companies
- First consultation (2025) provided extensive feedback, which is being incorporated into the revision
- Second consultation is planned after completion of the RIA
- Parliamentary motions called for and supported the fundamental revision
Critical Questions
Evidence/Data Quality: What specific criteria does the external RIA use to measure economic impacts – and how is comparability with international standards ensured?
Conflicts of Interest: How is the independence of the external company guaranteed, and what potential conflicts of interest were considered in the contract award?
Causality/Alternatives: Were alternative regulatory approaches (e.g., phased implementation, transition periods) analyzed in the RIA, or does the analysis focus solely on the planned variant?
Feasibility/Risks: What implementation risks did the first consultation identify, and how does the revised proposal specifically address these?
Timeline/Delays: How long is the RIA expected to take, and is there a risk of further delays before the second consultation?
Stakeholder Balance: Were the interests of smaller telecommunications providers and postal companies adequately considered in the first consultation?
Sources
Primary Source: Telecommunications surveillance and companies required to cooperate: Federal Council notes the result of the consultation procedure – https://www.news.admin.ch/de/newnsb/EXv-JkPBAZuL
Verification Status: ✓ 11.02.2026
This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-checking: 11.02.2026