ZURICH : Geneva-based Proton Technologies AG, the company behind ProtonMail and ProtonVPN, has won an appeal regarding its treatment under Swiss law governing surveillance of telecommunications, a Swiss court said on Friday.
The Swiss Federal Administrative Court upheld its appeal against the Swiss Post and Telecommunications Surveillance Service over its status and obligations to monitor traffic. PTSS had rejected Proton's appeal, but the court set aside the 2020 ruling and sent the case back for a fresh decision.In April, the Swiss Supreme Court ruled that providers of chat, instant messaging, Internet video or telephone services, or email services such as Threema, WhatsApp, iMessage, Zoom, Teams, Chime or Skype were not telecom service providers but rather"over-the-top" service providers.
OTT providers only have to provide information and data they hold in response to requests from the PTSS, which coordinates approaches from Swiss police, prosecutors or intelligence services.
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