(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
(1) The object of this law is to establish rules for conducting commercial transactions electronically, through services offered by the information society for the protection of persons participating, the legal protection of customer confidentiality of confidential data to its participants, as and to ensure the free flow of information services, defining the responsibilities of providers of information society services. (2) "Information society services" means services provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services. (3) Responsibilities of intermediary service providers are governed by Articles 15-20. (4) The simple transmission (mere conduit) (Article 15). 1. Where the provision of information society service consisting of transmitting a...
Law No. 9918 on electronic communications includes certain provisions on obligations and criteria for telecommunication operators relating to the safeguarding of fundamental rights and freedoms. The Law also includes provisions on technical security parameters of telecommunication networks, and liability provisions for providers of public electronic communications networks and services. The provisions pertaining to service providers include data retention, the safeguarding of the secrecy and confidentiality of electronic communications, the provision of unsolicited commercial communications, and the lawful eavesdropping of telecommunications.
(1) This law aims at defining the rules for the protection and legal processing of the personal data. (2) According to Article 2, the legal processing of the personal data shall respect and guarantee the fundamental rights and freedoms of persons and in particular their right to privacy. (3) Obligations of the Processor (Article 20). The controllers may recruit processors to process personal data. The processor shall guarantee lawful and safe use of data. All personal data processors shall have the following obligations: to process data only according to the instructions of the controller; not to transmit data unless so instructed by the controller; to take all required safety measures, in compliance with this law and to employ operators who are bound by confidentiality; to create in agreement with the controller the...
The copyright law provides protection to rightholders for copyright infringment. The law targets primary infringers but secondary liability might be extended to third parties facilitating, aiding or abetting infringement.
(1) According to Article 22, freedom of expression and freedom of the press, radio and television are guaranteed. Prior censorship of means of communication is prohibited. The law may require authorization to be granted for the operation of radio or television stations. (2) The Constitution contains a special provision (Article 17), which provides for the regulation of the limitations of all human rights and fundamental freedoms, including the freedom of expression. Limitations of Constitutional rights and freedoms may be established only by law in the public interest or for the protection of the rights of others. The restriction must be proportionate to the situation that has dictated it. These limitations may not infringe the essence of freedoms and rights and in no case may exceed the limitations provided for in the...