What are the principal consumer protection regulations that apply specifically to telecoms services?
Technology (second edition)
The TCA aims to ensure pricing transparency and the protection of users of communications services from abuse associated with value-added services. Hence, providers of telecommunications services must guarantee the transparency of prices for subscribers. Services of TSPs are also within the scope of the Price Notification Ordinance of 11 December 1978, as amended, meaning that the overall price of a telecommunication service must be given in Swiss francs and that price lists and catalogues must be readily accessible. The TCA also aims to protect users of communications services from unfair mass advertising: Spamming is prohibited under the Unfair Competition Act of 1 April 2007, as amended. The sender of mass advertisements submitted by means of telecommunications (such as e-mail, SMS, fax or automated telephone systems, but not physical mail) must seek the data subject’s prior consent to such advertisement. TSPs must take measures against unfair mass advertisement and protect their customers from receiving it. For this purpose, they may intervene in user traffic and disconnect customers from the telecommunication network who send or forward mass advertising.
The Telecommunication Regulation (2016 Revision) is the principal consumer protection regulation for the telecoms services. Chapter 3 of the regulation provides standards in providing telecommunication services. Users of telecommunication services referred by the regulation may include both individual consumers and enterprises.