Criminal framework

Strafgesetzbuch Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024. The statute was enacted Federal law of 1 July 2024. Fine or custodial sentence up to 3 years.

Civil and data protection framework

Swiss FADP (revFADP) right to erasure provides the parallel civil route. Federal Data Protection and Information Commissioner (FDPIC) is the national supervisory authority and accepts complaints against any controller processing intimate imagery without lawful basis. The official site is https://www.edoeb.admin.ch.

Official victim support

Cybercrimepolice.ch is the recognised support service. Available at https://www.cybercrimepolice.ch.

Five step removal process for Switzerland victims

  1. 1

    Preserve evidence before any contact with the perpetrator

    Capture full page screenshots with URLs visible. Save the original files. Note timestamps. This evidence supports both the Article 197a StGB complaint and any Swiss FADP (revFADP) right to erasure request.

  2. 2

    File a criminal complaint under Article 197a StGB

    Report to local police or the national cybercrime unit. Cybercrimepolice.ch can assist with the report.

  3. 3

    Submit an erasure request under Swiss FADP (revFADP) right to erasure

    Send a written request to each platform's designated data protection contact citing the legal basis. FDPIC can be petitioned if the platform fails to comply within 30 days.

  4. 4

    Send a US TAKE IT DOWN Act notice in parallel for covered platforms

    When the platform is subject to US jurisdiction, the 48 hour federal removal obligation applies in parallel with your domestic rights. ScanErase files these notices automatically.

  5. 5

    Track and escalate non compliant platforms

    Document every notice and every response. Escalate non compliant platforms through the regulator complaint process.

Frequently asked questions

What is the criminal NCII statute in Switzerland?

Strafgesetzbuch Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024. Enacted Federal law of 1 July 2024. Fine or custodial sentence up to 3 years.

Who enforces data protection rights in Switzerland?

Federal Data Protection and Information Commissioner (FDPIC) is the national authority. Official site: https://www.edoeb.admin.ch.

Is there an official victim support service in Switzerland?

Yes. Cybercrimepolice.ch provides direct help to victims. Site: https://www.cybercrimepolice.ch.

Can a Switzerland resident also use the US TAKE IT DOWN Act?

Yes when the hosting platform is subject to US jurisdiction. The TAKE IT DOWN Act applies to covered platforms regardless of where the victim resides. ScanErase's scan finds every US covered platform hosting your images, so you can file notices there in parallel with Swiss FADP (revFADP) right to erasure requests.

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