International criminal prosecution: Securing electronic evidence more easily
Swiss and foreign law enforcement authorities should be able to secure digital evidence more efficiently and quickly both at home and abroad. At its meeting on April 9, 2025, the Federal Council instructed the Federal Department of Justice and Police to examine the creation of a corresponding legal basis and to evaluate whether closer cooperation with the EU is possible in this area. The aim is to strengthen international cooperation in the fight against crime.
Electronic evidence (so-called e-evidence) is digital data such as e-mails, text messages and traffic data that are generated in the course of a criminal offense. They often provide the prosecution authorities with important clues. In around 80 percent of criminal cases, it plays an important or even decisive role in uncovering a crime and punishing the perpetrators.
Because electronic evidence is often stored on a data server abroad, the law enforcement authorities cannot access it directly. In addition, digital data is volatile and is often not physically stored permanently. This makes it difficult to secure important evidence. It is therefore crucial for law enforcement authorities to be able to secure this data as quickly as possible - both at home and abroad. While the EU has taken legislative action in this area with the so-called e-evidence package, Switzerland has so far refrained from revising the legal basis. The Federal Council wants to change this.
Taking data protection and procedural rights into account in international criminal prosecution
In order to facilitate the seizure of electronic evidence and thus further strengthen cooperation between Switzerland and European countries in international criminal prosecution, the Federal Council instructed the FDJP at its meeting on April 9, 2025 to initiate exploratory talks with the EU and to examine the creation of the necessary legal basis. This must take into account Swiss data protection requirements and the procedural rights of those affected. Strong cross-border criminal prosecution benefits both Switzerland and the EU and is an important step in the international fight against crime.
Creating legal certainty for providers of digital services
The Federal Council also wants to strengthen legal certainty for providers of digital services with new legislation. This is because the current legal situation is unsatisfactory, particularly for internet access services such as Swisscom or Sunrise and for communication services such as Protonmail. Under certain circumstances, they can be obliged by foreign law enforcement authorities to hand over their data directly. However, depending on the specific situation, this could result in providers violating applicable Swiss law. The Federal Council therefore considers it important to facilitate the exchange of electronic evidence in compliance with the rule of law and to avoid conflicts of law.
Source: bakom.admin.ch
