780.11SPTOFederal Council OrdinanceMar 1, 2018Original source
The PTSS shall declare a PDCSs to be a provider with more extensive duties to provide information (Art. 22 para. 4 SPTA), if it has met one of the following criteria:
100 requests for information in the past 12 months (effective date: 30 June);
annual turnover in Switzerland of CHF 100 million in two successive financial years, provided a large part of its business operations provides derived communication services and 5,000 subscribers use the provider’s services.
If a provider controls one or more undertakings required to file financial reports as defined in Article 963 paragraph 2 of the Code of Obligations1, the provider and the controlled undertakings must be regarded as a single unit when calculating the values in accordance with paragraph 1.
Providers that exceed or fail to meet the criteria in paragraph 1 letter b must notify the PTSS of this in writing within three months of the end of their financial year and submit related supporting documents.
Providers must on request provide the PTSS with the information and supporting documents for assessing the criteria under paragraph 1 letter b. The PTSS may rely on data obtained in implementing the legislation relating to the surveillance of post and telecommunications or by other authorities in implementing federal law.
A provider that is declared to have more extensive duties to provide information must ensure that it can store the data required for providing information within 2 months and provide the information within 12 months of the declaration.