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Switzerland: Cybersecurity Laws and Regulations 2021
ICLG - Cybersecurity Laws and Regulations - Switzerland covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers – in 26 jurisdictions.
ICLG.com > Practice Areas > Cybersecurity > Switzerland
Chapter Content Free Access
1. Cybercrime
2. Cybersecurity Laws
3. Preventing Attacks
4. Specific Sectors
5. Corporate Governance
6. Litigation
8. Investigatory and Police Powers
1.1 Would any of the following activities constitute a criminal or administrative offence in your jurisdiction? If so, please provide details of the offence, the maximum penalties available, and any examples of prosecutions in your jurisdiction:
Hacking (i.e. unauthorised access)
According to art. 143bis Swiss Criminal Code (SCC), hacking may constitute a criminal offence: Any person who obtains unauthorised access, by means of data transmission equipment, to a data-processing system that has been specially secured to prevent such access, may be prosecuted upon complaint and be liable for a custodial sentence not exceeding three years or a monetary penalty. Art. 143bis SCC was revised to reflect Switzerland's implementation of the Budapest Convention on Cybercrime.
Unauthorised access to another person's password-protected email account constitutes hacking and is punishable under art. 143bis SCC (BGer 6B_615/2014 and 6B_456/2007; cf. also BGE 130 III 28). According to a ruling by the Swiss Federal Supreme Court (FSC), it is irrelevant in the application of art. 143bis SCC how the offender came into possession of the password (BGE 145 IV 185).
Data theft is covered by art. 143 SCC: Any person who for their own or for another's unlawful gain obtains data for themselves or another, which is stored or transmitted electronically or in some similar manner and which is not intended for them and has been specially secured to prevent their access, is liable for a custodial sentence not exceeding five years or a monetary penalty.
In 2019, there were 16 convictions for crimes under art. 143bis SCC and seven convictions for crimes under art. 143 SCC in Switzerland.
Denial-of-service attacks
Denial-of-service attacks may constitute damage to data (art. 144bis SCC): Any person who without authority alters, deletes or renders unusable data that is stored or transmitted electronically or in some other similar way, may be prosecuted upon complaint, and be liable for a custodial sentence not exceeding three years or a monetary penalty. There is no requirement that the process is irreversible; even the temporary denial of access is punishable. A custodial sentence of a minimum of one to five years may be imposed on an offender who has caused major damage. Other than hacking, this offence is prosecuted ex officio.
In 2019, there were 16 convictions for crimes under art. 144bis SCC.
Depending on the specific modus operandi of the attack, further criminal provisions may apply, including extortion (art. 156 SCC), misuse of a telecommunications installation (art. 179septies SCC) or coercion (art. 181 SCC).
Depending on the circumstances, phishing may be covered by multiple criminal offences under the SCC, in particular:
Unauthorised obtainment of data (art. 143 para. 1, custodial sentence not exceeding five years or a monetary penalty).
Unauthorised access to a data-processing system (art. 143bis para. 1, prosecution upon complaint, custodial sentence not exceeding three years or a monetary penalty).
Obtainment of personal data without authorisation (art. 179novies, prosecution upon complaint, custodial sentence not exceeding three years or a monetary penalty).
Forgery of a document (art. 251, custodial sentence not exceeding five years or a monetary penalty).
Computer fraud (art. 147, custodial sentence not exceeding five years or a monetary penalty; if offenders act for commercial gain, they are liable for a custodial sentence not exceeding 10 years or a monetary penalty of a minimum of 90 daily penalty units).
Fraud (art. 146, custodial sentence not exceeding five years or a monetary penalty; if offenders act for commercial gain, they are liable for a custodial sentence not exceeding 10 years or a monetary penalty of a minimum of 90 daily penalty units; for the interplay with art. 147 cf. BGE 129 IV 22, at 4.2).
The fraudulent use of a trademark or a copyright-protected work may be prosecuted under art. 62 Trade Mark Protection Act or art. 67 Copyright Act, each of which provides for a custodial sentence not exceeding one year or a monetary penalty.
2019 saw the first prosecution and conviction for "voice phishing" (Federal Criminal Court (FCC) SK.2019.9). One hundred and twenty-seven cyber-/phishing investigations by the Office of the Attorney General of Switzerland were pending at the end of 2019.
Infection of IT systems with malware (including ransomware, spyware, worms, trojans and viruses)
Apart from the application of the specific criminal provisions applicable to denial-of-service and phishing attacks (cf. above), the infection of IT systems with malware may be prosecuted under art. 143bis SCC, which penalises hacking, and art. 144bis para. 1 SCC, which covers damage to data.
Distribution, sale or offering for sale of hardware, software or other tools used to commit cybercrime
According to the so-called "virus offence" (art. 144bis para. 2 SCC), any person who without authorisation manufactures, imports, markets, advertises, offers or otherwise makes programs accessible, that they know or must assume will be used to cause damage to data (art. 144bis para. 1 SCC; cf. "Denial-of-service attacks" above), or provides instructions on the manufacture of such programs, is liable for a custodial sentence not exceeding three years or a monetary penalty. If the offender acts for commercial gain, a custodial sentence of a minimum of one to five years may be imposed. The FSC held that this provision also applies where the instructions have not been created by the offender, and even if they are incomplete, so long as they contain specific and relevant information for the manufacture of programs used to cause damage to data (BGE 129 IV 230).
Any person who markets or makes accessible passwords, programs or other data that they know or must assume are intended to be used to commit a hacking offence (art. 143bis para. 1 SCC; cf. "Hacking" above), is liable for a custodial sentence not exceeding three years or a monetary penalty (art. 143bis para. 2 SCC).
Possession or use of hardware, software or other tools used to commit cybercrime
The mere possession of such tools is not illegal.
Identity theft or identity fraud (e.g. in connection with access devices)
While not explicitly regulated, identity theft can be punishable under arts 143bis, 143 SCC (unauthorised access to a data-processing system and unauthorised obtainment of data; cf. "Hacking" above), arts 146, 147 SCC (fraud or computer fraud), arts 173–178 SCC (offences against personal honour), or art. 179novies SCC (obtainment of personal data without authorisation).
Electronic theft (e.g. breach of confidence by a current or former employee, or criminal copyright infringement)
Data theft is covered by art. 143 SCC (cf. "Hacking" above).
Further, the betrayal of a manufacturing or trade secret amounts to a criminal offence if the offender is under a statutory or contractual duty of confidentiality (art. 162 SCC). This offence may be prosecuted upon complaint and is punishable with a custodial sentence not exceeding three years or a monetary penalty.
Depending on the circumstances, political, industrial or military espionage (arts 272–274 SCC) may also apply. These offences are generally punishable with a custodial sentence not exceeding three years, a monetary penalty or, in serious cases, a custodial sentence of a minimum of one year.
A wilful breach of a professional duty of confidentiality (e.g. banking secrecy, medical secrecy or attorney-client privilege) concerning sensitive personal data collected in the exercise of the profession is punishable, upon complaint, with a monetary penalty (art. 35 Federal Act on Data Protection (FADP)).
Deliberate and unlawful copyright infringements are covered by arts 67 et seqq. Copyright Act and are punishable with a custodial sentence not exceeding one year or a monetary penalty.
Unsolicited penetration testing (i.e. the exploitation of an IT system without the permission of its owner to determine its vulnerabilities and weak points)
Unsolicited penetration testing may qualify as hacking and be sanctioned under art. 143bis SCC (cf. "Hacking" above), given that this offence does not require an intent of unjust enrichment.
Any other activity that adversely affects or threatens the security, confidentiality, integrity or availability of any IT system, infrastructure, communications network, device or data
Beyond the above, notable other criminal offences, both general and sector-specific, include the following:
Criminal mismanagement (art. 158 SCC): a custodial sentence not exceeding three years or a monetary penalty; or a custodial sentence of one to five years if the offender acts to secure an unlawful financial gain for himself or another.
Participation in a criminal organisation (art. 260ter SCC): a custodial sentence not exceeding five years or a monetary penalty (cf. rulings on "cyber jihad/cyber terrorism" by the FCC [SK.2013.39] and the FSC [BGer 6B_645/2007]).
Money laundering (art. 305bis SCC), which is of particular importance in connection with denial-of-service and ransomware attacks (cf. above): a custodial sentence not exceeding three years or a monetary penalty, in serious cases not exceeding five years or a monetary penalty whereby a custodial sentence is to be combined with a monetary penalty.
Breach of official, postal or telecommunications secrecy and of professional confidentiality (arts 320 et seqq. SCC): generally, a custodial sentence not exceeding three years or a monetary penalty; further punishable breaches of confidentiality are covered in particular by art. 47 Banking Act, art. 147 Financial Market Infrastructure Act (FinMIA), and arts 43, 53 Telecommunications Act (TCA).
Disruption of public services, in particular of the railway, postal, telegraphic or telephone services, or of a public utility or installation which provides water, light, power or heat (art. 239 SCC): a custodial sentence not exceeding three years or a monetary penalty.
Falsification or suppression of information (art. 49 TCA): a custodial sentence not exceeding three years or a monetary penalty.
Misuse of information (art. 50 TCA): a custodial sentence not exceeding one year or a monetary penalty.
Unsolicited distribution of spam messages (art. 3 para. 1 lit. o, art. 23 Unfair Competition Act): a custodial sentence of up to three years or a monetary penalty.
Export or brokerage of certain goods for the monitoring of internet or mobile telecommunications without permission (art. 9 Ordinance on the Export and Brokerage of Goods for Internet and Mobile Communication Surveillance): a custodial sentence of up to three years or a monetary penalty.
Because IT security is regulated in Switzerland with respect to specific objects (data, systems and products) and industries, further criminal offences may apply, depending on the circumstances.
1.2 Do any of the above-mentioned offences have extraterritorial application?
Generally, the above-mentioned offences have extraterritorial application only if they are also liable for prosecution at the place of commission (or the place of commission is not subject to criminal law jurisdiction), if the offender is located in Switzerland, and if he/she is not extradited (arts 6, 7 SCC).
1.3 Are there any factors that might mitigate any penalty or otherwise constitute an exception to any of the above-mentioned offences (e.g. where the offence involves "ethical hacking", with no intent to cause damage or make a financial gain)?
Sentencing under Swiss law is determined by multiple factors pertaining to the offender. Mitigating factors include: acting with honourable motives, under duress or in serious distress; excusable emotional strain; psychological stress; serious provocation; a show of genuine remorse, in particular if the offender has made reparations; or the time elapsed since the crime where the offender has exercised good behaviour (art. 48 SCC). Withdrawal from the act or active repentance are further potential mitigating factors (art. 23 SCC).
The competent authority shall refrain from prosecuting the offender, bringing him to court or punishing him if the level of culpability and the consequences of the offence are minor (art. 52 SCC).
Notably, "hacking" according to art. 143bis SCC does not require an intent of harm or unjust enrichment.
2.1 Applicable Law: Please cite any Applicable Laws in your jurisdiction applicable to cybersecurity, including laws applicable to the monitoring, detection, prevention, mitigation and management of Incidents. This may include, for example, data protection and e-privacy laws, intellectual property laws, confidentiality laws, information security laws, and import/export controls, among others.
Cybersecurity Incidents may trigger the application of many different statutes. Rather than in a comprehensive manner, Switzerland regulates cybersecurity with respect to specific objects (data, systems and products) and specific industries. Moreover, minimum cybersecurity measures are rarely defined by law, but are left to self-regulation. There is hardly any case law to clarify the standards, either.
The 2018–2022 National Strategy for the Protection of Switzerland against Cyber Risks (NCS II) has acknowledged the need for greater standardisation and regulation across various objects and sectors.
Among the general laws applicable in the cybersecurity field are the following:
Civil Code.
Code of Obligations (CO).
Criminal Code.
Council of Europe Budapest Convention on Cybercrime of November 23, 2001 (ETS No. 185; in force in Switzerland since January 1, 2012).
Employment Act.
Unfair Competition Act.
Copyright Act.
Trade Mark Protection Act.
Among the object-specific or sector-specific laws are the following:
FADP (revised Act approved by Parliament on September 25, 2020 and expected to enter into force in 2022) and related Ordinance, as well as cantonal data protection laws.
Revised Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108; not yet ratified and in force but approved by Parliament on June 19, 2020 – referendum deadline expired on October 8, 2020).
Product Safety Act.
Product Liability Act.
Banking Act and related Ordinance.
FinMIA.
Financial Market Supervision Act (FINMASA).
Therapeutic Products Act and related Ordinance.
Electronic Health Records Act and related Ordinance.
Revised Medical Devices Ordinance (MedDO) (main provisions will enter into force on May 26, 2021).
TCA and related Ordinance.
Embargo Act.
Federal Act on the Control of Dual-Use Goods, Specific Military Goods and Strategic Goods and related Ordinance.
Ordinance on the Export and Brokerage of Goods for Internet and Mobile Communication Surveillance.
Intelligence Service Act.
Ordinance on Protection against Cyber Risks in the Federal Administration.
In the globalised universe of cybersecurity, laws often have an extraterritorial effect. Foreign laws, such as the EU General Data Protection Regulation (cf. art. 3), may therefore have to be taken into account as well when assessing Incidents in Switzerland.
Provisions on cybersecurity may also include guidelines and standards. While generally non-binding, they may be taken into account when interpreting statutory provisions. They may also be declared binding by sector-specific associations or by reference in contracts. For example, the National Cyber Security Centre (NCSC) maintains an "Information security checklist for SMEs". The Federal Office for National Economic Supply (FONES) issued "Minimum standards for improving ICT resilience" for operators of critical infrastructures that may be adopted by interested private parties as well. Non-governmental initiatives include the Swiss Code of Best Practice for Corporate Governance and the International Organisation for Standardisation's ISO/IEC 27000 family of standards focusing on security of digital information, as well as its standard ISO/IEC 30141:2018 regarding IoT Reference Architecture.
2.2 Critical or essential infrastructure and services: Are there any cybersecurity requirements under Applicable Laws applicable to critical infrastructure, operators of essential services, or similar, in your jurisdiction?
Currently, there are no generally applicable mandatory cybersecurity requirements for critical or essential infrastructure and services. The regulation of cybersecurity for such infrastructure and services is fragmented and inconsistent, and it often lacks a precise definition of the required security measures (cf. question 4.2 below).
However, the need for further standardisation and regulation has been recognised in the NCS II, as adopted by the Federal Council on April 18, 2018. One of its focus areas remains the improvement of ICT resilience of critical infrastructures.
Accordingly, the 2018–2022 Critical Infrastructure Protection Strategy (CIP II) defines the overriding goals and principles of action for all parties involved, and identifies 17 measures to improve the country's resilience, i.e. its resistance, versatility and regeneration capacity, with regard to its critical infrastructures. The CIP II lists the following nine critical infrastructures for Switzerland: financial and insurance services; healthcare; telecommunications; and public administration (set out in greater detail in question 4.2 below), as well as: public transport; energy; food supply; waste management; and public security.
The draft of a new Federal Information Security Act is currently before Parliament. It contains minimum requirements for the protection of information and IT infrastructure hosted by the federal authorities. The Ordinance on Protection against Cyber Risks in the Federal Administration entered into force on July 1, 2020. It regulates the organisation of the Federal Administration`s protection against cyber risks as well as the tasks and responsibilities of the various offices in the cybersecurity domain, in particular the NCSC (cf. question 8.1 below).
2.3 Security measures: Are organisations required under Applicable Laws to take measures to monitor, detect, prevent or mitigate Incidents? If so, please describe what measures are required to be taken.
Other than for critical or essential infrastructures and services (cf. question 2.2 above) and sector-specific regulations (cf. question 4.2 below), there are currently no specific legal requirements with respect to the measures listed above.
Their implementation may instead be driven by general legal requirements that, depending on the circumstances, may include the implementation of some or all of the above measures. They include, notably, the overall responsibility for the due management of a company and individual professional confidentiality obligations as well as data protection requirements. Guidelines and standards may also include provisions on cybersecurity. While generally non-binding, they may be taken into account when interpreting statutory provisions. They may also be declared binding by sector-specific associations or by reference in contracts (cf. questions 5.1 and 5.2 below).
2.4 Reporting to authorities: Are organisations required under Applicable Laws, or otherwise expected by a regulatory or other authority, to report information related to Incidents or potential Incidents (including cyber threat information, such as malware signatures, network vulnerabilities and other technical characteristics identifying a cyber-attack or attack methodology) to a regulatory or other authority in your jurisdiction? If so, please provide details of: (a) the circumstance in which this reporting obligation is triggered; (b) the regulatory or other authority to which the information is required to be reported; (c) the nature and scope of information that is required to be reported; and (d) whether any defences or exemptions exist by which the organisation might prevent publication of that information.
Currently, Switzerland knows no general obligation to report Incidents or potential Incidents to the authorities. However, the introduction of such an obligation is contemplated as part of the federal government's NCS II.
Except for serious security incidents in critical infrastructures, Incident reporting is currently encouraged on a voluntary basis, typically via the recently established NCSC which incorporates the former Reporting and Analysis Centre for Information Assurance (MELANI) and serves as a new national contact point (cf. question 8.1 below). Reports can be made through a message on the NCSC's website and can also be submitted anonymously. MELANI's statistics for 2019 show a continued high activity in all areas of cybersecurity risk.
Illegal activity on the internet can also be reported to the Cybercrime Coordination Unit Switzerland (CYCO) which may forward the matter to the competent domestic and foreign law enforcement authorities.
Sector-specific regulations for critical infrastructures regularly require the reporting of serious security incidents without delay. The scope of serious security incidents generally extends beyond, but may include, Incidents. More precise criteria may be specified in non-binding guidelines which explain the regulator's intended enforcement practice and are regularly accepted and complied with by the industry. Among the most prominent cybersecurity reporting obligations for critical infrastructures are those for financial and insurance services (cf. art. 29 para. 2 FINMASA; Financial Market Supervisory Authority (FINMA) Guidance 05/2020; FINMA Circular 08/25), healthcare (cf. art. 12 para. 3 Electronic Health Records Ordinance; art. 66 revised MedDO), as well as telecommunications (art. 96 para. 2 Ordinance on Telecommunication Services) (cf. question 4.2 below). The critical infrastructure reporting duties in the case of serious security incidents are currently under review by the Federal Council, and decisions are expected by the end of 2020.
A specific reporting obligation for Incidents relating to personal data will be introduced by the revised FADP. Data controllers will have to notify the Federal Data Protection and Information Commissioner (FDPIC) as soon as possible of data breaches that are likely to result in a high risk for the personality or the fundamental rights of data subjects. Correspondingly, data processors will have to inform the data controller as soon as possible of any data breach. A notification of the FDPIC must at least refer to the nature of the data breach, its consequences, and any measures taken or planned. In any subsequent criminal proceeding, the notification may only be used against the notifying company or person with their consent (art. 24 paras 1–3 and 6 revised FADP; cf. art. 7 revised Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data).
2.5 Reporting to affected individuals or third parties: Are organisations required under Applicable Laws, or otherwise expected by a regulatory or other authority, to report information related to Incidents or potential Incidents to any affected individuals? If so, please provide details of: (a) the circumstance in which this reporting obligation is triggered; and (b) the nature and scope of information that is required to be reported.
There is currently no specific requirement under the FADP to notify data subjects of an Incident. Depending on the seriousness of the data breach, however, such a requirement may arise under the general principle of data processing in good faith (art. 4 para. 2).
The revised FADP will explicitly require data controllers to inform affected data subjects of a data breach if it is necessary for their protection or if the FDPIC – after having been informed of the data breach (cf. question 2.4 above) – so orders (art. 24 paras 1, 4). Exceptions will apply in particular in cases of overriding public or private third-party interests or where reporting would be impossible or require a disproportionate effort (art. 24 para. 5 lit. a, b).
Further obligations to report Incidents or potential Incidents to affected individuals or third parties may derive from the generally required lawfulness of all data processing (art. 4 para. 1 FADP; art. 6 para. 1 revised FADP), as well as from specific contractual obligations.
2.6 Responsible authority(ies): Please provide details of the regulator(s) or authority(ies) responsible for the above-mentioned requirements.
Where applicable, the general Incident reporting is overseen by the NCSC, CYCO, FDPIC, and the cantonal Data Protection Commissioners.
Sector-specific reporting is overseen by the respective regulatory authorities, most notably by FINMA for financial and insurance services, by the Federal Office of Public Health (FOPH) for healthcare, and by the Federal Office of Communications (OFCOM) for telecommunications (cf. question 4.2 below).
2.7 Penalties: What are the penalties for not complying with the above-mentioned requirements?
For lack of a general reporting obligation for Incidents, there are currently no generally applicable penalties for non-compliance with reporting obligations.
Sector-specific sanctions may apply, such as in case of financial and insurance services, healthcare and telecommunications (cf. question 4.2 below). Under the revised FADP, object-specific sanctions will apply for violations of the minimum security requirements for personal data and for non-compliance with orders by the FDPIC (arts 8, 24, 61 lit. c, and 63).
2.8 Enforcement: Please cite any specific examples of enforcement action taken in cases of non-compliance with the above-mentioned requirements.
Cyber risks are a key part of the prudential supervision by FINMA, which has stepped up its efforts in the area. These risks are monitored directly, for example through focused on-site audits by FINMA, and monitored by audit firms as part of the regulatory audit process. In addition, larger institutions are regularly reminded of the need to take appropriate precautions against cyber risks during self-assessments. According to FINMA's Annual Report 2019, self-assessments in the second half of 2018 focused on the ability of the participating institutions to identify cyber threats arising from institution-specific vulnerabilities, perform a commensurate risk assessment and define countermeasures (threat intelligence). The outcome of the self-assessments was that most of the participating institutions had made adequate provision for those risks.
3.1 Are organisations permitted to use any of the following measures to protect their IT systems in your jurisdiction?
Beacons (i.e. imperceptible, remotely hosted graphics inserted into content to trigger a contact with a remote server that will reveal the IP address of a computer that is viewing such content)
There is no law specifically allowing or prohibiting the use of beacons. However, companies which intend to use beacons for such purposes should analyse, in each case, whether their use is in compliance with Applicable Laws, including the SCC, the Unfair Competition Act and the FADP.
Honeypots (i.e. digital traps designed to trick cyber threat actors into taking action against a synthetic network, thereby allowing an organisation to detect and counteract attempts to attack its network without causing any damage to the organisation's real network or data)
There is no law specifically allowing or prohibiting the use of honeypots. Companies should, however, keep the same regulations in mind as with beacons.
Sinkholes (i.e. measures to re-direct malicious traffic away from an organisation's own IP addresses and servers, commonly used to prevent DDoS attacks)
There is no law specifically allowing or prohibiting the use of sinkholes. The same considerations apply as with beacons and honeypots.
3.2 Are organisations permitted to monitor or intercept electronic communications on their networks (e.g. email and internet usage of employees) in order to prevent or mitigate the impact of cyber-attacks?
Organisations may monitor the electronic communication of their employees, provided that they comply with the provisions pertaining to the processing of personal data in the CO (art. 328b) and the FADP. Consequently, such monitoring must, in particular, be: carried out lawfully; in good faith; proportionate (i.e. suitable, necessary and affecting the data subject's privacy in the mildest possible way); and known to the data subjects.
Depending on the circumstances, the monitoring of employee data can be justified on the basis of the employment contract, industry-specific laws applicable to the employer (e.g. in case of banks) or the overriding interest of the employer to prevent or detect cyber-attacks. Relying on employee consent as justification for the processing, however, entails certain risks due to the usually limited ability of employees to refuse consent. Under the principle of transparency, employers are recommended to issue a monitoring regulation setting out the specifics of the surveillance measures.
Ordinance 3 to the Employment Act prohibits surveillance and monitoring systems which monitor the behaviour of employees (art. 26). Employers must ensure that the health of employees is not affected by the monitoring. However, a non-personal – anonymous or pseudonymous – evaluation of employee data is usually sufficient in order to prevent cyber-attacks, and it is, in principle, lawful under this provision, even if conducted systematically. In certain individual cases (e.g. after a cyber-attack), an individualised analysis of employee data may also be permissible.
3.3 Does your jurisdiction restrict the import or export of technology (e.g. encryption software and hardware) designed to prevent or mitigate the impact of cyber-attacks?
The Federal Act on the Control of Dual-Use Goods, Specific Military Goods and Strategic Goods, as well as the respective Ordinance and Annexes, provide for certain import and export restrictions for dual-use goods, including technology and software. Annex 2, part 2, 4A005, 4D004 and 4E001.c set forth export restrictions for technology for the development of intrusion software, whereby certain exceptions exist with regard to vulnerability disclosures and reactions to cyber Incidents. Moreover, according to Annex 2, part 2, 5A002, systems for information security and their components, including cryptographic technology for the confidentiality of data with a specific security algorithm, are subject to export restrictions.
Exceptions are available, such as for technology which is available to consumers, cryptographic technology for digital signatures, symmetric algorithms below 56 bit-encryption and many more. Furthermore, export restrictions may apply to equipment, and its components, for the interception and interruption of mobile communication and surveillance equipment (Annex 2, part II, 5A001.f), and to systems and equipment, and its components, for the surveillance of IP communication networks (Annex 2, part II, 5A001.j).
The Ordinance on the Export and Brokerage of Goods for Internet and Mobile Communication Surveillance must also be taken into consideration.
4.1 Does market practice with respect to information security vary across different business sectors in your jurisdiction? Please include details of any common deviations from the strict legal requirements under Applicable Laws.
The Applicable Laws and market practice vary across the different business sectors in Switzerland. The NCS II has acknowledged the need for greater standardisation and regulation across the different sectors (cf. question 2.1 above).
4.2 Are there any specific legal requirements in relation to cybersecurity applicable to organisations in specific sectors (e.g. financial services or telecommunications)?
The focus of cybersecurity regulation in Switzerland has traditionally been on its financial and insurance services sector.
Financial market infrastructures, as defined in art. 2 lit. a FinMIA (e.g. stock exchanges, multilateral trading facilities, payment systems), are obliged to operate IT systems that: ensure the fulfilment of the duties imposed by the FinMIA; are appropriate for the activities conducted; provide for effective emergency procedures; and ensure the continuity of the business activity (art. 14 FinMIA). Special IT systems requirements apply to financial market infrastructures with systemic importance in order to protect against the risks to the stability of the financial system (art. 23 FinMIA).
According to FINMA, cyber risks are among the most significant operational risks for banks and insurance companies. Accordingly, they are required to implement appropriate risk management measures to tackle operational risks, including cyber risks, and must safeguard their infrastructure against various types of attacks (art. 3f para. 2 Banking Act; art. 12 Ordinance on Banks; and the non-legally binding FINMA Circulars 2008/21 "Operational Risks – Banks" and 2017/2 "Corporate governance – insurers").
Supervised persons and entities must immediately report Incidents that are of substantial importance to the supervision to FINMA (art. 29 para. 2 FINMASA; FINMA Guidance 05/2020; FINMA Circular 08/25). Violations of the reporting obligations may face sanctions, including: a custodial sentence of up to three years or a monetary penalty for the wilful provision of false information or the omission of reporting to FINMA; a fine of up to CHF 250,000 in case of negligence (arts 45 et seq. FINMASA); and a revocation of the licence, a withdrawal of the recognition or a cancellation of the registration in case of serious infringements (art. 37 FINMASA).
Cybersecurity in the healthcare sector has recently received increased attention in Switzerland, in particular in view of the cybersecurity risks relating to the electronic patient record and medical devices connected to the internet.
The first electronic patient records are being certified in 2020. Certification requires a risk-based data security and data protection system, the technical and organisational specifications of which are defined by the FOPH. Relevant security Incidents have to be notified to the FOPH. The violation of these requirements may lead to a suspension or removal of the certification (art. 12 para. 1 lit. b Electronic Health Records Act; art. 12, 38 para. 1 Electronic Health Records Ordinance).
In line with the developments in the EU, in particular the Medical Devices Regulation 2017/745 of April 5, 2017 (MDR), Switzerland has revised its MedDO, the main provisions of which will enter into force on May 26, 2021. Accordingly, medical devices will have to fulfil the general safety and performance requirements in Annex I of the MDR, both with respect to hardware and software (art. 6 paras 1, 2 MedDO). Manufacturers of medical devices may have to notify severe Incidents as well as their corrective measures (art. 66 MedDO).
Another emphasis of cybersecurity regulations lies on the telecommunications sector.
The OFCOM issued the non-binding "Directives on the security and availability of telecommunication infrastructures and services" (based on art. 96 para. 2 Ordinance on Telecommunications Services (OTS)). They specify security requirements and define minimum security levels which each telecommunication services provider should maintain in order to contribute to the reliability and availability of the national telecommunications network. With the revision of the TCA (date of entry into force not yet determined), a specific obligation to protect against cyber-attacks will be introduced (art. 48a revised TCA).
Telecommunications service providers are required to immediately inform the OFCOM of faults in the operation of their networks that affect a relevant number of customers (art. 96 para. 1 OTS). Such disturbances may also result from cyber-attacks. Failure to report may result in a fine not exceeding CHF 5,000 (art. 53 TCA).
Federal Administration
The draft of a new Federal Information Security Act is currently before Parliament. It contains minimum requirements for the protection of information and IT infrastructure hosted by the federal authorities.
The Ordinance on Protection against Cyber Risks in the Federal Administration entered into force on July 1, 2020. It regulates the organisation of the Federal Administration`s protection against cyber risks as well as the tasks and responsibilities of the various offices in the cybersecurity domain, in particular the NCSC (cf. question 8.1 below).
Other important sectors
Further sector-specific regulations apply, including for critical infrastructures. The NCS II and the 2018–2022 CIP II aim to implement measures to improve cybersecurity across various sectors on the basis of periodically updated risk and vulnerability analyses (cf. questions 2.1 and 2.2 above).
5.1 In what circumstances, if any, might a failure by a company (whether listed or private) to prevent, mitigate, manage or respond to an Incident amount to a breach of directors' or officers' duties in your jurisdiction?
As a general principle, the primary responsibility for cybersecurity lies with the organisation (cf. question 5.2 below) rather than with the individuals entrusted with the task.
The board of directors, managing directors and executive officers of companies limited by shares, as well as the managing directors of limited liability companies, have a duty of loyalty and care and in particular a non-transferable and inalienable responsibility for the overall management of the company, the company's organisation, including accounting and financial controls, as well as the overall supervision of the persons entrusted with managing the company (arts 716a, 717, 810, 812 CO). Hence, the ultimate responsibility for the cybersecurity strategy of such companies, including the adoption of an appropriate organisation and of the necessary directives, processes and controls, lies with the respective management. In light of the increasing importance of cybersecurity, management must either have the requisite know-how itself or obtain relevant advice and cannot simply delegate the task to the IT department. Accordingly, if such companies suffer loss because of an Incident that results from an intentional or negligent breach of their duties, management may become personally liable both to the company and to the individual shareholders and creditors (arts 754, 827 CO).
The current FADP does not provide for sanctions for breaches of data security (art. 7). As of the expected entry into force of the revised FADP in 2022, however, the company's management or – if data security has been internally delegated – its data protection officer, IT manager or compliance officer may face fines of up to CHF 250,000 for intentional violations of the statutory minimum data security requirements (art. 8 para. 3, art. 61 lit. c.).
Criminal sanctions against individuals may also apply under various other, including sector-specific, laws, notably for intentional breaches of professional confidentiality (e.g. art. 35 FADP/art. 62 revised FADP; arts 320 et seqq. SCC), but also at times for negligence (e.g. art. 47 Banking Act; arts 43, 53 TCA; art. 16 Product Safety Act).
5.2 Are companies (whether listed or private) required under Applicable Laws to: (a) designate a CISO (or equivalent); (b) establish a written Incident response plan or policy; (c) conduct periodic cyber risk assessments, including for third party vendors; and (d) perform penetration tests or vulnerability assessments?
Other than for critical or essential infrastructures and services (cf. question 2.2 above) and in sector-specific regulations (cf. question 4.2 above), there are currently no specific legal requirements with respect to the IT security measures listed above. Their implementation may instead be driven by general legal requirements that, depending on the circumstances, may include the implementation of some or all of the above IT security measures. They include, notably, the overall responsibility for the due management of a company and individual professional confidentiality obligations (cf. question 5.1 above) as well as data protection requirements.
Privacy by design requires that the confidentiality, availability, and integrity of personal data must be protected through adequate technical and organisational measures, taking into account the purpose, nature, and extent of the data processing, the possible risks and the current state of the art. The measures must be reviewed periodically. More specific requirements apply for the automated processing of personal data (arts 7 FADP and 8 et seq. Ordinance to the FADP; arts 7, 8 revised FADP). The revised FADP will introduce additional obligations to maintain an inventory of processing activities and to conduct privacy impact assessments (arts 12, 22).
Beyond the applicable regulations, guidelines and standards may also include provisions on cybersecurity (cf. question 2.1 above). While generally non-binding, they may be declared binding by sector-specific associations or by reference in contracts. They may also be taken into account when interpreting statutory provisions. For example, manufacturers of data-processing systems or programs, as well as private persons or federal bodies that process personal data, may obtain a data protection certification (art. 11 FADP). The applicable standard in such cases is ISO/IEC 27001:2013.
5.3 Are companies (whether listed or private) subject to any specific disclosure requirements (other than those mentioned in section 2) in relation to cybersecurity risks or Incidents (e.g. to listing authorities, the market or otherwise in their annual reports)?
There is currently no specific requirement under the FADP to notify the public of an Incident. Depending on the seriousness and on the number of affected data subjects, however, the general principles of lawful and good-faith data processing (art. 4 paras 1, 2 FADP; cf. also art. 6 paras 1, 2 revised FADP) may require an Incident to be reported publicly (cf. questions 2.4, 2.5 above). This option is explicitly foreseen in the revised FADP (art. 24 para. 5 lit. c).
If Incidents or cybersecurity risks lead to the expectation of a future cash outflow, a company may be required to book the probably required provisions and charge them to the profit and loss account (cf. art. 960e CO or other applicable financial reporting standards).
Companies listed on the SIX Swiss Exchange are subject to specific periodic disclosure requirements (art. 49 et seq. Listing Rules (LR)). They may also have to consider whether an Incident amounts to a qualified reportable event and, hence, triggers ad hoc publicity obligations (art. 53 LR; Directive on Ad Hoc Publicity). Whether an Incident represents a qualified reportable event has to be assessed on a case-by-case basis, considering whether it has a substantial impact on the development of a company's share price and therefore has the potential to influence average investors in their investment decision.
6.1 Please provide details of any civil or other private actions that may be brought in relation to any Incident and the elements of that action that would need to be met.
Liability is a key consideration in cybersecurity. While legally possible, civil action against cybercriminals will regularly prove unfeasible. In practice, the focus is therefore on secondary liability: entities affected by an Incident may turn to the provider of a defective product or service; and third parties suffering damage from the Incident may look to the affected organisation for having failed to comply with appropriate data security standards.
In case of a contractual relationship that contains a respective IT security representation, the third party (client, supplier, etc.) can bring a contractual liability claim against the organisation affected by the Incident, provided it can demonstrate a breach of contract, damage, causation as well as fault (arts 97 et seqq. CO). The latter is generally presumed, which is why it is for the defendant to prove that it was not at fault with respect to the Incident. Special contractual liability provisions may provide for strict liability, such as in case of direct losses caused to a buyer (art. 208 para. 2 CO).
If there is no IT security representation, the defendant's fault will be assessed against a standard of due care and the related threshold question of what level of cybersecurity is reasonable and appropriate to avert damage from a third party, taking into account the level of risk, applicable industry standards, and the state of technology.
General commercial terms often contain liability limitations for third-party actions and consequential damages. It is questionable whether such general terms would be upheld in the event of an Incident, and any advance exclusion of liability for gross negligence would in any case be void (art. 100 para. 1 CO). Difficult questions may also arise where a multitude of parties contribute, albeit unintentionally, to an Incident.
For liability based on tort, or other civil wrongs independent of contract, cf. question 6.3 below.
6.2 Please cite any specific examples of published civil or other private actions that have been brought in your jurisdiction in relation to Incidents.
There is no published case law in relation to Incidents for a failure to comply with appropriate data security standards or the delivery of defective security products or services.
Since Swiss law currently remains unfriendly to mass claim proceedings, data subjects affected by a security breach will, in most cases, encounter difficulties in asserting financial damages in an amount that merits a claim.
6.3 Is there any potential liability in tort (or equivalent legal theory) in relation to failure to prevent an Incident (e.g. negligence)?
In the absence of a contractual relationship (cf. question 6.1 above), entities may incur liability in tort, or another civil wrong independent of contract, for the harm that an Incident causes to third parties, irrespective of contractual disclaimers or limitations of liability.
General tort law provides relief for damages caused by an illicit act, whether wilfully or negligently (such fault not being presumed; arts 41 et seqq. CO). An illicit act exists in case of a breach of an absolute right of the victim (personality, intellectual property or similar rights) or a financial damage resulting from the breach of a specific legal provision that is designed to protect against such damage, which must be determined on a case-by-case basis. Disgorgement of profits arising from a cyber-attack may be sought based on unjust enrichment or on agency without authorisation (arts 62 et seqq., 423 CO).
In the software and IoT context (e.g. hacked medical devices, cars, etc.), product liability rules may be of particular relevance: If a defective product, which does not provide the safety that would reasonably be expected, leads to an Incident, the manufacturer, importer or supplier is, in principle, strictly liable for personal injuries and damage to privately used property caused by the product (arts 1, 4 Product Liability Act).
If a company limited by shares or a limited liability company suffers loss because of a severe data breach that results from a lack of appropriate internal cybersecurity controls and procedures, the respective board members, managing directors and executive officers may become personally liable to both the company and the individual shareholders and creditors for any loss or damage arising from an intentional or negligent breach of their duties (arts 754, 827 CO; cf. question 5.1 above).
To the extent an Incident due to insufficient data protection or data security leads to a violation of personality rights, such as in case of data theft or illegal data processing, affected persons may bring an action seeking, e.g. damages, moral compensation, disgorgement of profits, injunctions and notification to third parties or publication (art. 15 para. 1 FADP/art. 32 para. 2 revised FADP; arts 28 et seqq. Civil Code; arts 41 et seqq., 49, 423 CO).
7.1 Are organisations permitted to take out insurance against Incidents in your jurisdiction?
Organisations in Switzerland are permitted to take out insurance against Incidents, and insurers have offered cyber products for a number of years already. The respective offerings often close a coverage gap as many property and liability insurance policies exclude cyber risks.
Cyber insurance solutions are very much customised and can include almost every cyber risk, including denial-of-service and ransomware attacks, costs of internal investigations and crisis management, recovery of stolen, destroyed or damaged data, reputational damage, and the defence against third-party claims. The implementation of a customary and up-to-date cyber risk management and respective protective measures are a necessary condition of admission and coverage under many cyber insurances. Unless contractually excluded, art. 14 para. 2 Insurance Contract Act entitles the insurer to reduce its coverage in case of gross negligence of the insured.
In addition to the high degree of customisation, many key coverage terms have not been analysed by the courts, and cyber risks are complicated and constantly evolving. Accordingly, foreign cases such as Mondelez International, Inc. v. Zurich American Insurance Co., No. 2018L011008, 2018 WL 4941760 (Ill. Cir. Ct., Oct. 10, 2018) are also monitored closely in the jurisdiction.
7.2 Are there any regulatory limitations to insurance coverage against specific types of loss, such as business interruption, system failures, cyber extortion or digital asset restoration? If so, are there any legal limits placed on what the insurance policy can cover?
No, there are not.
8.1 Please provide details of any investigatory powers of law enforcement or other authorities under Applicable Laws in your jurisdiction (e.g. antiterrorism laws) that may be relied upon to investigate an Incident.
Switzerland does not have a central enforcement agency for cybercrimes. Instead, prosecution of the various cybercrimes lies with the competent police departments and public prosecutors' offices on cantonal and federal level. Equally, while reporting duties for serious security events, including Incidents, exist for critical infrastructures such as finance and insurance, healthcare and telecommunications, there is currently no general and specific duty to notify cybersecurity breaches (cf. question 2.4 above).
The NCSC, headed by the Federal Cyber Security Delegate, is Switzerland's new cybersecurity competence centre (cf. Ordinance on Protection against Cyber-Risks in the Federal Administration of July 1, 2020). Its aim is to enable the Confederation to play a more active role in protecting the country against cyber risks by supporting the general public, businesses and educational institutions as well as public administrations in their protection against cyber risks, by improving the security of the Federal Administration's own infrastructure. MELANI, together with the national Computer Emergency Response Team (GovCERT), have been integrated into the NCSC as a national contact point and technical expertise hub. Incident reporting to MELANI is voluntary. Upon receipt of a report, MELANI will analyse it and provide assessments and recommendations. MELANI can adopt an active lead role where an Incident jeopardises the proper functioning of the Federal Administration.
The CYCO at the Federal Office of Police (FEDPOL) is Switzerland's central office for anyone who wishes to report illegal activity on the internet. It also actively investigates illegal internet activity. The CYCO does not prosecute the matters itself but, after a first review and data backup, passes them on to the competent domestic and foreign law enforcement authorities.
Switzerland is a member of the Budapest Convention on Cybercrime. Besides committing its member states to increase their national efforts to effectively fight cybercrime, the Convention fosters an increased, rapid, and well-functioning international cooperation.
8.2 Are there any requirements under Applicable Laws for organisations to implement backdoors in their IT systems for law enforcement authorities or to provide law enforcement authorities with encryption keys?
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The NetStorage service of Akamai provides many ways to interact with it. The best way from our perspective is to use its HTTP API interface. In this tutorial you will learn how it works and what it needs to obtain proper credentials to create an Akamai NetStorage output in our service.
The biggest advantage is the recilience of HTTP requests and the amount of parallel connections you can leverage compared to FTP transfers, where it is capped to 25 connections for one akamai upload account. The NetStorage HTTP CMS API however doesn't has such limits and is therefore well suited to handle many parallel chunked transfers in a fast and reliable manner.
So lets look into it how you can obtain your credentials for it so you can configure an Akamai NetStorage as an Output for your encodings in our service.
Upload accounts can be created in the Backend portal of your Akamai account and are dedicated "user" credentials used to control what and how someone can access your NetStorage and its content. What we are looking into here is how to enable the HTTP Access Method, respectively where you can find the information you need to create an Akamai NetStorage Output in our service.
If you have no upload account available yet, you will have to create one first, please follow this guide in the Akamai documentation.
If you already have an upload account that can access the directories you want to transfer your encodings to, you can simply edit this one and grant it permissions to HTTP Access as well. In your Upload account overview you also see the access methods that are already enabled for your existing upload accounts. If the one you want to use already states HTTP, this account can be used already to create an Akamai NetStorage Output in your Bitmovin account.
Your Akamai NetStorage HTTP API credentials consist of the HTTP API Key and Username of your upload account.
Find your upload account in your overview, click on the three dots on the right side of the row and select Edit.
Find the "Access Method" area. If no key is listed yet, create a new one with a click on Add or Rotate HTTP API Key (1). Then copy the Key (2).
This URL is shown in the details view of your Storage Group in the Akamai Backend: Select the "Storage Group" section on the left side (blue cloud symbol), then select the storage group you are using in the list by clicking on it. You will be presented with a view like in the image below. The URL stated next NetStorage HTTP API, is the one you would have to use the host URL when creating an Akamai NetStorage Output in our service.
To create a Bitmovin "Akamai NetStorage" Output configuration, that can be used by our encoding service, you need to know the HTTP API Key and Username of your upload account, as well as its Host URL.
Select the Encoding menu on the left and go to Outputs.


text:
All of DSpaceDhananjayrao Gadgil LibraryGIPE Restricted Resources
Report of the Twentieth Indian National Congress held at Bombay on the 26th, 27th and 28th December 1904
Indian National Congress (Indian National Congress, Bombay, 1905)
Report of the Sixteenth Indian National Congress held at Lahore on the 27th, 28th and 29th December,1900
Indian National Congress (Indian National Congress, Lahore, 1900)
Report of the Proceedings of the Twenty-Third Indian National Congress held at Madras on the 28th, 29th, and 30th December 1908
Indian National Congress (Indian National Congress, Madras, 1909)
Proceedings of the First Indian National Congress held at Bombay on the 28th, 29th, and 30th December 1885 Second Edition
Report of the Sixteenth Indian National Congress held on the 27th, 28th, 29th December 1900 Lahore
Report of the Eighteenth Indian National Congress held at Ahmedabad, on the 23rd, 24th and 26th December 1902
Indian National Congress (All India Congress Committee, Allahabad, 1903)
Report of the Proceedings of the Nineteenth Indian National Congress held at Madras on the 28th, 29th, and 30th December 1903
Report of the Proceedings of the Twenty-First Indian National Congress held in Banares on the 27th, 28th, 29th, and 30th December 1905
Indian National Congress (Indian National Congress, Banares, 1905)
Report of the Proceedings of the Twenty Second Indian National Congress held at Calcutta on the 26th, 27th, 28th, 29th December 1906.
Indian National Congress (Indian National Congress, Calcutta, 1906)
Report of the Indian National Congress 15th session held at Lucknow 1899
Indian National Congress (Indian National Congress, Lucknow, 1900)
AuthorIndian National Congress (12)Subject
V2,4M85p/C5- (12)
... View MoreDate Issued1905 (3)1900 (2)1901 (2)1903 (2)1906 (1)1907 (1)1909 (1)Has File(s)Yes (12)

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Case studies, Tips and How To Guides
Jessica's Promise – How the best campaigns are fundraiser stories
Matt Collins March 25, 2015
Meet Jessica Stoate. Jessica is running the 2015 London Marathon, like tens of thousands of other people. She's running for Anthony Nolan, like hundreds of others. But Jessica's campaign is different, and I wanted to highlight exactly what she's doing so well in this blog.
"The last time I ran anywhere was for the bus when I was 14. I missed it"
Before you read this post, watch this video of Jessica running a half marathon, a big step in her full marathon training, and one that tells her whole story.
During the half marathon route, she comes across a bench where she once sat with her mum on their way to a wedding. Her mum was very poorly at the time, and she knew that neither she nor her dad would be there on her own wedding day. It was then that she made a promise that she would never sit back and allow cancer to take that away for somebody else.
This story is a real tear-jerker, and so much more besides. Jessica is the dream charity fundraiser in 2015, for lots of reasons.
It's Jessica's story, not the charity's story
One of the things that made the #nomakeupselfie campaign and ALS Ice Bucket Challenge so wildly successful was their grassroots nature. They weren't meticulously planned in charity boardrooms, but spontaneously started by normal people like Jessica. That gives them an authenticity that would ordinarily be out of reach.
Jessica's campaign is a prime example of that authenticity. The video has no storyboarding and no sign off. She just picked up her mobile phone, filmed herself raising money, and went for it.
And it is emphatically not an Anthony Nolan video – this is a Jessica video. We have always related to individuals over organisations, one face over many. Ever since the internet has allowed normal people to tell compelling stories in their own way, we've been able to relate to the beneficiaries and supporters of charities rather than to the charities themselves.
The video looks totally DIY
Jessica picked her phone up and actually held it vertically while filming, leading to those massive black bars at the side of the screen when it was uploaded to YouTube. It's basic error that produces a lower quality viewing experience, and it's a mistake that a professional charity would never have made. And yet it's completely irrelevant in practice – the content is so funny, moving and compelling that the DIY look of the film doesn't matter one bit.
It's also a very long video. Five minutes might as well be 100 hours long in online terms. That said, it's broken up with well thought out text breakaways and it (quite literally) takes the viewer on a continuously moving journey.
Her use of social media is great
Jessica hasn't just set up a JustGiving page where you can see how close she is to her £5,000 target (over 85% already), she also has a dedicated Facebook page.
There are pictures of blossom trees from her training runs, regular heartfelt thanks to her donors and even images of her collapsing on her driveway after particularly challenging runs. It's funny, it's warm, it takes her supporters with her on the emotional rollercoaster. She's used digital tools to great effect to support her fundraising.
So this is me, collapsing on the driveway after an 8 mile run. The actual marathon is more than three times this amount, but no biggie everyone – I've clearly got this.
Posted by Jessica's Promise on Wednesday, 18 February 2015
Jessica tells us why we should care
This isn't just yet another sponsored run – this is the fulfilment of a promise Jessica made to her mum. A promise that she intends to keep, regardless of what her body told her she could do.
A beautiful and unique sentiment. And a story so compelling that the Mail Online has picked it up, proving the secret to huge coverage is emotion-packed stories like Jess's.
We suffer with Jessica
Jessica is clearly suffering. She doesn't look like she's joking when she says she hasn't run since she ran for a bus aged 14, and I believe her when she said she missed it. It's easy to feel empathy. And a campaign that evokes real emotion is destined for success.
A huge well done to Jessica for running such a brilliant campaign, and an even bigger good luck for when you're running the London marathon!
By Pavneet Sembhi | November 17, 2022
By Rebecca Firth | November 2, 2022
contentfundraisingmarathonsocial mediastorytellingvideo
Matt Collins is managing director at digital marketing agency, Platypus Digital, and tweets @charitychap


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Campus Safety Summary 9/27/19-10/3/19
By Staff on October 5, 2019 |
3:00 p.m. Emergency Notification Test Campus Wide
A test was made of the Emergency Siren and Everbridge Notification System.
8:42 p.m. Personal Injury GIAC
A student reported that he had injured his left ankle while playing basketball in the GIAC arena. The student was transported to Bryn Mawr Hospital. He returned to campus at 2230 hrs. The Graduate Assistant was notified and an email was sent to Health Services.
Saturday, September 28th
3:38 p.m. Bicycle Theft Gummere Hall
A student reported his bike was stolen between Wednesday, 9/25/19 and Saturday, 9/28/19 from the Gummere bike shed. The police were contacted for a report.
12:19 a.m. Alcohol Related Illness Tritton Hall
A student was reported to have vomited in the first floor of Tritton. EMT cleared student to remain on campus with their customs person. The Graduate Assistant and Health Services were notified.
12:31 a.m. Alcohol Related Illness Barclay Hall
A report was received of a student vomiting due to an alcohol related illness in Barclay Hall. Student was taken to Bryn Mawr Hospital by ambulance. The Graduate Assistant and Health Services were notified.
1:41 a.m. Suspicious Activity College Lane
Officer reported two males on College Lane; one was punching a traffic sign. The males were identified as a student and his guest.
4:50 a.m. Alcohol Related Illness Tritton Hall
Officer found a student unconscious and unresponsive outside of Tritton Hall. Student was taken to Bryn Mawr Hospital by ambulance. The Graduate Assistant and Health Services were notified.
11:56 p.m. Theft Lutnick Library
A student reported headphones and a charging case stolen from the Lutnick Library 1stfloor study area between 2156 and 2356. No police report at this time.
Tuesday, October 1st
2;17 p.m. Personal Injury 804 Ardmore Ave
A report was received of a male who had cut his hand at 804 Ardmore Avenue. Male alumni suffered a laceration to hand and was transported to Bryn Mawr Hospital by EMS.
11:07 p.m. Personal Injury College Lane
A student fell off of her bicycle at the intersection of College Circle and College Lane. She was taken to Bryn Mawr Hospital ER by Campus Safety vehicle. The Graduate Assistant and Health Services notified.
Wednesday, October 2nd
9:35 a.m. Suspicious Persons Duck Pond
Three males were stopped in the area of the Duck Pond; one subject with a machete. Lower Merion Police contacted and stopped subjects. The males were given a verbal trespass warning.
3:49 p.m. Animal Matter Comfort Hall
A student reported a snake on the first floor common area at Comfort Hall. The snake was moved outdoors.
4:54 p.m. Assist Police County Line Road
Campus Safety assisted the police and ambulance attempting to locate a subject who was reported to be unresponsive in a vehicle, perhaps near Hannum and County Line Roads. Vehicle was unable to be located.
Thursday, October 3rd
7:05 p.m. Personal Injury Dining Center
A Bryn Mawr College student slammed a car door on her hand in the area of the Dining Center. She declined transportation to the hospital. Injury treated. Bryn Mawr College Campus Safety notified.
12:43 a.m. (Friday) Disturbance 31 Hannum Drive
A student called to report possible fighting and crying outside of HCA 31. Officers located a student who was upset about an incident that occurred off campus, but no fighting was taking place.
Published in Safety Briefs
More from Safety BriefsMore posts in Safety Briefs »
Campus Safety Brief, 4/8/22 – 4/14/22
Campus Safety Brief, 3/18/22 – 3/24/22
Campus Safety Brief, 2/25/22 – 3/3/22
Margaret Zheng October 10, 2019
I am curious about the choice of gendered pronouns in these security briefs. I imagine that when a person makes a report about another person engaging in "suspicious behavior," they typically will use some gendered pronoun corresponding to how they perceive the observed person's gender, so to a degree the inclusion of gendered pronouns here contributes to completeness. However, there are plenty of other attributes of reported persons that are unmentioned in these briefs, such as physical characteristics or apparent race or age, and any of the snap judgments of identity that reporters make of people they observe may be erroneous, so I wonder if it may be more appropriate to stick with terms like "students" and "persons" rather than "males/females" and to use they/them/their pronouns.
Alison Rosenman October 10, 2019
Note from the editor: These briefs are published exactly as they are sent to The Clerk by campus safety.


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The wisest thing to do is to cancel the trip." That's what Steve, my boss, told me the day before we were set to send our senior writer and our video director to California to interview Dr. Tim Muehlhoff.
Tim is a FamilyLife conference speaker, an author, and a communications professor at Biola University in La Mirada, CA. We plan to feature him in our new In This Together curriculum—a program that will equip laypeople to share in the work of pastoral care by helping them apply what the Bible reveals about friendship.
So why did Steve say to cancel the trip?
Anyway, Steve didn't think they'd alter the contract to accommodate us. So he figured that the wisest thing to was to cancel the trip and negotiate a better agreement. And I thought he was right.
But we underestimated the clout of CareLeader.org.
Just kidding. We actually underestimated the negotiating skills of Heidi Bowman, our project manager. She got the theater rep to amend the contract. And now there's a video for you to see.
Listen to what Tim has to say about why he loves hanging with friends at the movies and his insights into mistakes people often make when having difficult conversations.
And if you like the video, thank Heidi!


Journey on a magnificent and unforgettable tour through the Northern Cape of South Africa. This tour offers a perfect mix of culture, nature and relaxation! During this tour you will experience true wilderness, and see a new and exciting side to South Africa. Please read on to see what this undiscovered paradise can offer you!
Start off in cosmopolitan Cape Town to explore Robben Island, Table Mountain and penguins at Cape Point. Then enjoy a desert safari experience in the Kalahari, guided 4x4 excursions in the Richtersveld, wine tasting, boat cruises on the Orange River, interactions with Bushmen, gorgeous landscapes in the Cederberg Mountains, and unforgettable views of Augrabies Falls. In spring and winter you can also witness a fantastic display of the Namaqualand flowers!
Here at Tailor Made Safaris, we will happily adjust the itinerary below should you wish to see any changes. Of course, it is possible to add some days or take some out, and don't forget to take a look at our add-ons! Please do not hesitate to contact us if you have any questions about this tour.
Today you will arrive at Cape Town International Airport and journey to your accommodation for the next few nights. Depending on your time of arrival, more activities can be planned for this afternoon or you may prefer to simply relax at your comfortable guesthouse.
What about visiting Robben Island today, the famous island where Nelson Mandela spent 18 years in prison? You will participate in an extensive tour of the island and learn about what happened here during those years. In 1997 they built an interesting museum on site, which is well worth visiting. The whole island is a UNESCO Cultural World Heritage Site.
This morning you will travel the short distance to the small coastal town of Langebaan, where its time to relax a little and enjoy this beautiful area. Langebaan and the lagoon area is home to more than a third of South Africa's salt marshes and is teaming with wildlife. The town is renowned for its water sports, with kite surfing, water skiing and kayaking all available on the lagoon. Or maybe this afternoon you would like to visit one of the 2 bird hides on the lagoon shore, to see how many of the 250-recorded species you can spot. For those interested in Mountain biking and exploring our prehistoric past the West Coast Fossil Park is well worth visiting.
Today you can explore the West Coast National Park and relax on the beach. The park surrounds the Langebaan Lagoon and has some beautiful golden beaches, surrounded by the salt marshes that are home to many migrant wading birds. Many mammal species are also found in the park, including Eland, Red Hartebeest, caracal and rock hyrax. There are several animal-viewing hides in the park, as well as areas where you can stop and enjoy the view or a picnic! Be sure to keep a look out for Dolphins and Whales passing by along the coastline.
You will travel to the picturesque town of Clanwilliam in the beautiful Cederberg Mountains today. You can stop along the way and visit one of the citrus or rooibos farms the area is famous for. This afternoon you can choose to hire a canoe or mountain bike and explore the area around Clanwilliam. There are many activities and scenic drives and hikes that can be done from Clanwilliam. In flower season the Cederberg has some of the most impressive displays, with a wide variety of flowers due to the varying landscapes and ecosystems. For those looking for something a little different there is even a donkey cart excursion from the top of Pakhuis pass!
This morning we suggest that you join a guided tour of the local rock art sites with a guide from the Living Landscape Project. The Living Landscape project is an inspiring community-tourism initiative where local people have been trained as guides. The project is based at a former school and the centre also has many local crafts, which are produced by local people. The guide will take you to four different sites, depending on the time that you have. This afternoon you can take a scenic sunset drive to Soldier's Head on Pakhuis Pass to enjoy the stunning views and beautiful skies as the sun sets.
Today you will move on towards the dry Namaqualand. An area that is famous for its gorgeous flower blooms during the spring (July till September). Upon arrival you will settle into a peaceful and remote villa. You can take a walk through the park at your accommodation or you can go to the Goegap Nature Reserve. You can see zebra, gemsbok, and klipspringer at Goegap or simply relax and enjoy the peaceful surroundings of Namaqualand. If you are visiting the Northern Cape in spring you can enjoy the colourful beauty of the flower blooms that stretch as far as the eye can see!
July through to September this park bursts into life with a magnificent display of flowers. Today is your chance to discover this semi desert landscape at its best, with over 3500 plant species, 1000 of which cannot be found anywhere else. There is a circular drive that you can follow, allowing perfect viewpoints along the way and a number of short trails that you can walk. There are also several picnic sites on the route. Whilst in the park keep a look out for the world's smallest tortoise, the Namaqua Speckled Padloper.
From your accommodation near Springbok you will leave for Port Nolloth, which is located on the coast. Here you can relax and prepare for your exciting Richtersveld tour. Maybe you would like to take a walk on the beach or explore Port Nolloth a little bit. Or maybe you will simply relax with a good book? The choice is yours.
The next 2 days you will go on a 4x4 tour through the Richtersveld 'desert mountains' with a local guide and a tough four wheel drive vehicle of course! This guide will drive you to Sendelingsdrift today which lies on the border between South Africa and Namibia. Through Alexander Bay you will enter the Richtersveld desert mountain park where your guide will tell you everything about the park and show you the most interesting and splendid sights. And to end the day you will enjoy a typical and delicious South African 'braai'.
From Sendelingdrift the guide will drive you back towards Port Nolloth. But not without learning even more about the flora, fauna and ecosystem of this area. You've got a specialist guide with you after all, and he delights in telling you about all the special adaptations the plants have developed in order to survive in such an arid area! Your guide will also be able to tell you about the history of the park and he will of course show you more phenomenal views of the landscape throughout the day.
After an unforgettable time in Richtersveld it's time for the next exciting experience. One of the best sights in the Northern Cape has to be Augrabies Falls. This waterfall, at 56 meters high, produces a huge thundering noise as the water cascades over and crashes onto the rocks beneath. This is where it gets its name from 'Aukoerebis' means 'place of the loud noise' in the Bushmen language. You will stay in the park, in your own chalet walking distance from the falls.
The falls are not the only highlight of this park. The park will thrill you further with beautiful views of the gorge that the Orange River has carved over time and also contains a huge number of animals. Today you can choose from a number of activities in the park. You can walk one of the hiking trails or explore the park further. Or maybe you would like to book a day- or night safari, or even go rafting on the Orange River! Did you know leopard are often seen on night safari's here?
Today you travel towards the Kgalagadi Transfrontier Park. You will stay at Molopo Lodge where you can rest and prepare for the next few days of safari. After lunch, you'll join an excursion to learn about the San Bushmen that still live in the Northern Cape. During this tour you will learn how to shoot bow & arrow the bushman way, as well as much about their culture and daily lives. A tasty meal at the lodge this evening and it's off to bed in anticipation of tomorrow!
Now we're talking safari time! Today you will enter the Kgalagadi Transfrontier Park. The habitat of leopard, cheetah, giraffe, hyena, bat-eared fox and so many more. But what the park is most famous for is the Kalahari lion. Here there are 400 to 500 of these magnificent creatures. The male lions are incredible and a sight that you will never forget. Compared to other lions in Africa they look much bigger because of their incredible black manes that protect them from overheating.
Your second day in the Kgalagadi starts at daybreak. You can try to find the animals that you haven't seen yet and explore the park further. Maybe you would like to explore the park at night on a night drive? It will definitely give you many memorable moments with the nocturnal residents of the park, such as the leopard, hyena, bat-eared foxes, porcupines, genets and bush babies.
This is your last day in the park, so try to get as much out of it as possible. You will explore places that you haven't been to yet and we hope that you will see all of the animals that you haven't seen before, especially the magnificent lions. The Kgalagadi is also renowned for its plentiful raptor sightings. Chanting goshawks, various species of eagle, secretary birds etc. You have a good chance of seeing many raptors whilst here!
After exciting desert mountain tours and almost a week on safari, it is time to close the holiday off with something different. Today you will head west, towards Kanoneiland. In and around Kanoneiland there are a number of incredible and enjoyable places to visit. The area is known for its great wines and delicious food. You will be travelling past a lot of vineyards and also a lot of 'padstals' (Pad means road and stal means a small shop), which are very nice to visit. Apart from enjoying your stay in 'The African Vineyard', you will also visit the Bezalel Wine & Brandy Estate today, where you will find out how they make the specialty wines and brandy. And get to know how they taste of course!
Today you have a day where you can choose what to do. You could visit Riemvasmaak where the ancient Nama people will share their history and culture with you, and where you also can relax in the hot springs. Or would you prefer some excitement on the water? In that case you can visit the water-ski school, or canoe on the Orange River. What we definitely recommend is enjoying some of the local delicacies at 'The African Vineyard'. Here you will join a so-called 'Food & Wine Pairing' where you will be served a stunning six-course dinner, with matching wines.
Today you will leave the Northern Cape after 21 days of wonderful experiences and adventures. You will make the short drive to Upington from where you fly back to Cape Town or Johannesburg, from where you will head home.


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Thinking Critically with Anthony W. D'Angelo
By Jolie Shapiro August 26, 2018 July 25th, 2019 Interviews
As PR pros know, PRSA is among the most prominent PR organizations in the country. It educates PR pros from all types of organizations and aims to be a valuable asset to PR every day. We recently had the opportunity to speak to the 2018 PRSA National Chair, Anthony W. D'Angelo. He provides insights into PRSA's initiatives, the upcoming annual conference in Austin, Texas and tips on how to advance your career in PR.
Q: What's your day-to-day like as PRSA's national chair?
Anthony: I can't believe how fast this year is going–it's been a blur. My day-to-day varies a lot and I like that, but I focus constantly on enabling other members to do their volunteering to the utmost. We want to provide value to people in their professional lives, and we do that through professional development and networking. Fundamentally PRSA is a learning organization, and we have to be learning continuously in this profession. It's amazing how PR is shifting beneath our feet–it's not just fast, it's accelerating. One of PRSA's goals is to educate people on the need to act on that reality. For example, I often ask PR people, "How different is your job today than five years ago?" Every single person tells me it's totally different, and PRSA can help with that. However, you can't be a passive receptacle of PRSA benefits. You get out of it what you invest into it, and when you get engaged PRSA keeps rewarding you along the way.
Q: What are your initiatives for PRSA for 2018-2019?
Anthony: I don't have individual initiatives as PRSA's chair. Together with our board of directors and staff leadership, I'm guided by our three-year strategic plan. Within that plan I've been spending a lot of time on four areas represented by the acronym D.A.T.E., meaning diversity, advocacy, technology and ethics. Regarding diversity, we need to lead by inclusion and improve involvement of diverse populations in PRSA's membership and leadership. There's definitely been progress in this area and there are a lot of things we're doing with our Diversity and Inclusion Committee and the PRSA Foundation, but more needs to be done. With advocacy, we spotlight the most important issues today in the world of PR and promote best practices in the field. Frankly, PR isn't a complimentary acronym for a lot of people. They think PR is an outcome when it's really a strategic process, and we aim to educate people inside and outside our profession. In technology, we've made a half-million dollar investment over three years in PRSA's digital infrastructure, and have just added a staff position, in order to advance electronic delivery systems of the Society's services. We're already beginning to realize the benefits, with more to come. Ethics is our foundation, and the guidance that we give through our Code of Ethics in concert with our Board of Ethics and Professional Standards is what research has shown our members appreciate and value the most about PRSA. We have the highest satisfaction scores among members for our support of the Code of Ethics and that's where we need to stay. We can never not be good at that and need to focus on ethics relentlessly.
Q: The 2018 PRSA conference is coming up in October in Austin. What are you looking forward to, and what should attendees be excited for?
Anthony: I'm really looking forward to the conference. This year's theme is communications convergence. It's a really applicable theme because the silos between communications disciplines are coming down with the advancement of digital and social media. This convergence also means you can be collaborating with someone in the morning and competing with them in the afternoon. Globalization is another factor that's imposing new rules on the way communicators operate, interact and behave. Along these lines, there are preeminent speakers presenting in Austin that we're very excited about. There are also six professional tracks that attendees can choose from: marketing communication, leadership & management, big data & measurement, reputation & crisis management, tools & techniques, and a special interests track. We also have a variety of social mixers and receptions, and Austin's such a wonderful city–it's going to be great!
Q: What advice would you give PR professionals who're interested in advancing their careers?
Anthony: In my 35 years of being in this profession, I've learned this: writing is job number one. Today's employers of my students constantly reinforce this priority. You need to be a professional writer and write for your audience for an intended effect. To get attention in an attention economy, you need a finely-tuned strategy and be able to present it well. You also need to be able to connect the dots between organizational and communication strategy and start down the path–whatever path it is–knowing clearly what success will look like when you cross the finish line. Patrick Jackson, PRSA's chair in 1980, was a seminal thought leader. One of his sayings that I'll never forget is "People want to be involved, not told; served, not sold." It really takes a lot of knowledge, skill and ability to implement that transformative principle, and I urge all PR professionals to pursue that level of capability with everything they've got.
Q: What do you feel is the most rewarding about being PRSA's national chair?
Anthony: The most rewarding by far is the professional and personal connections and interactions that I've had as chair and in volunteer roles leading up to being the chair. I'm able to connect with people around the country and around the world, and be a part of a group that's endlessly inspiring and energizing. I've also been fortunate enough to do a lot of traveling. The CEO of PRSA and I are conducting a listening tour this year where we go to various PRSA chapters, sections and districts around the country and ask what's working well with PRSA and what isn't. We're also meeting with groups that aren't part of PRSA but perhaps should be. We're bringing that input back to our strategic planning committee to chart a course for what is the biggest communications association in the country–21,400 professionals and 11,000 student members. What I tell anybody who's considering joining PRSA is the greater the personal investment that you make–like a lot of things—will produce similarly favorable returns. As one member told me, "It's like the lottery—you have to be in it to win it," and no one else is going to do it for you. We're in a time of disruptive change for public relations and the organizations we serve, and I think PRSA is going to be a vital part of an exciting and rewarding future for the profession and its professionals.
Anthony W. D'Angelo
Anthony W. D'Angelo, APR, Fellow PRSA, is a professor of practice in PR at Syracuse University's S.I. Newhouse School of Public Communications. His appointment followed more than 25 years of service in the corporate and agency sectors. Currently PRSA's national chair, D'Angelo a past chair of PRSA's College of Fellows, and a founder of PRSA's MBA program to bring strategic communications content to MBA curricula nationwide. D'Angelo's pieces on the importance of strategic communications to organizational leadership have appeared in BusinessWeek, The Financial Times and The Public Relations Strategist, and he is a regular contributor to The Wall Street Journal's "Crisis of the Week" column. He has presented seminars on change management at several conferences and universities over the past 15 years.


24-29 March 2014. Yevgeniya Rudneva, Deputy Director for Projects of the Public Opinion Research Institute, Master of Sociology participated in the 55th Annual Convention of International Studies Association (ISA) "Spaces and Places: Geopolitics in an Era of Globalization" (Toronto, Canada).
When using any materials, the reference to the website www.opinions.kz is obligatory!


Whether you're going for business or pleasure, travel can be stressful. Between booking flights, arranging hotels and looking at rental cars, the last thing you need to deal with is getting sick.
Travel in general can expose us to germs and illnesses we might not normally experience, and while it's not always possible to prevent sickness, there are definitely some things you can do to mitigate the chance of illness when you travel.
Here are 12 ways to avoid getting sick when you travel.
Probably one of the most important things you can do to maintain your health and keep germs at bay, regular hand washing has been shown to prevent upwards of 30 percent of different types of illness. Make sure you fully lather your hands with soap each time you wash them, and scrub for a good 20 seconds.
Anything that other people's dirty hands can touch is a carrier for illness. Bring some sanitizing wipes with you when you travel and make sure to wipe down the food trays and armrests on the plane, hotel phones and doorknobs. Being a bit of a germaphobe when you travel isn't a bad thing!
How often do you wipe something from your eye, brush your lip, or rest your cheek on your hand? The bacteria that accumulates on our hands is most quickly spread when we touch our faces. In addition to washing your hands regularly, try to avoid touching your face if possible. This will reduce the potential for issues such as conjunctivitis in the eye or other infections.
Contaminated water is one of the biggest causes of illness for travelers. There can be pathogens in foreign water that our bodies simply aren't used to, which can mean hours or days of gut-wrenching illness. It's usually safest to drink bottled or filtered water when you travel, and to avoid things like ice in your drinks if you're in a country where the water system is questionable.
No matter how fun that vacation might be, it still wreaks havoc on our immune system, which can in turn increase the risk of getting sick. Keep that immune system strong with supplements like vitamin C (Emergen-C packets are great for this) as well as Echinacea, ginger and vitamin E.
Food-borne illness is one of the leading causes of sickness, and traveling only heightens that risk. Avoid raw foods or fruits and vegetables that don't have a protective skin, wash all items in clean water, and make sure the hot food you eat is cooked thoroughly.
If workouts and fitness are part of your life at home, it's important to maintain that schedule when you travel. If your hotel doesn't have a gym, get outside for a walk, rent bikes or go hiking. It's also important to get up and move around when you're on long flights, as sitting for long periods has been known to cause blood clots.
It seems like a no-brainer in this day and age, but wearing sun protection not only keeps you from getting burned, it can help you avoid things like sunstroke or heat exhaustion. Use at least a 50 SPF sunblock and wear hats and long-sleeve shirts in the sun.
Mosquitos and other biting bugs are not only an annoyance, they are also carriers of diseases such as dengue fever and malaria. Make sure to investigate beforehand if the area you're traveling to has any outbreaks, and use bug spray to keep them at bay.
If you're traveling to a developing country, be sure to get any required vaccines prior to travel. You can check the Centers for Disease Control website for recommended vaccinations or talk to your doctor. You should try to get vaccinated at least 4-12 weeks prior to travel.
Exhaustion causes our immune system to falter, and not getting enough sleep when you travel can leave you susceptible to illness. Try to get as much sleep as possible, and keep yourself on some kind of schedule, even when traveling to different time zones.
It might seem a little extreme, but wearing a mask on a plane can actually help minimize your exposure to airborne illnesses such as colds and the flu. If a surgical mask is too much for you, consider a nasal screen, which are nearly invisible and help filter out bacteria and pollens.


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Assange May Be Extradited To Sweden For Sexual Assault Case After London Jail Time
LONDON, ENGLAND - MAY 19: Julian Assange speaks to the media from the balcony of the Embassy Of Ecuador on May 19, 2017 in London, England. Julian Assange, founder of the Wikileaks website that published US Governm... LONDON, ENGLAND - MAY 19: Julian Assange speaks to the media from the balcony of the Embassy Of Ecuador on May 19, 2017 in London, England. Julian Assange, founder of the Wikileaks website that published US Government secrets, has been wanted in Sweden on charges of rape since 2012. He sought asylum in the Ecuadorian Embassy in London and today police have said he will still face arrest if he leaves. (Photo by Jack Taylor/Getty Images) MORE LESS
WikiLeaks founder Julian Assange could be extradited to Sweden after he serves a 50-week sentence in London for skipping out on bail, the Associated Press reported.
The Swedish government is looking at reopening the sexual assault case against Assange, a head prosecutor told reporters, according to the AP. Prosecutors believe there is still "probable cause to suspect that Assange committed a rape," Sweden's head prosecutor Eva-Marie Persson said. Preliminary charges of rape have been filed against Assange since 2010.
Assange was recently kicked out of the Ecuadorian Embassy in London where he'd been living since 2012 to avoid extradition to Sweden for the alleged sexual assault. Upon release, he was also hit with charges in the U.S. related to the publication of classified materials.
Julian AssangeSwedenWikileaks