Best Media, Technology and Telecoms Lawyers in Arlesheim

About Media, Technology and Telecoms Law in Arlesheim, Switzerland

Arlesheim is a municipality in the canton of Basel-Landschaft. Businesses and residents here operate under Swiss federal law, with certain permits and procedures handled at the cantonal and municipal levels. Media, technology and telecoms in Arlesheim are shaped by Switzerland’s robust framework on data protection, telecommunications services, broadcasting, intellectual property, unfair competition, and consumer protection. Because Arlesheim sits in a cross-border region with close ties to Basel and nearby EU markets, companies often face questions about cross-border data flows, platform operations, and compliance across jurisdictions.

Switzerland’s revised Federal Act on Data Protection entered into force in 2023, telecom rules have been modernized to address net neutrality and transparency, and broadcasting remains primarily regulated at the federal level. Local authorities in Basel-Landschaft and the municipality of Arlesheim play important roles in planning approvals for network infrastructure such as masts and fiber, environmental compliance, and certain public sector data protection matters. This guide gives a practical overview for individuals and organizations seeking legal advice in this field.

Why You May Need a Lawyer

You may need a lawyer when launching or scaling a digital product or online platform to ensure your terms of use, privacy notices, and consent flows comply with Swiss data protection and consumer protection rules. Legal advice is especially helpful when a service targets users in both Switzerland and the EU, where GDPR may also apply.

If you are deploying telecom or connectivity infrastructure, you will face planning, environmental and spectrum considerations. Local planning approvals, compliance with non-ionizing radiation limits, and neighborhood objections are common topics where early legal strategy can reduce delays and costs.

Media and content creators often require help with copyright clearances, licensing, personality rights, and advertising standards. Disputes about takedowns, defamation, influencer disclosures, or the use of music and images online arise frequently.

Technology companies benefit from tailored agreements that address service levels, data processing, information security, export controls, escrow, and intellectual property ownership. Employment contracts in the tech sector raise issues such as non-competes, inventions, confidentiality, and post-termination restrictions that must be carefully drafted under Swiss law.

In regulated areas such as broadcasting, telecom services, or lawful interception obligations, legal counsel can guide you through supervisory expectations and avoid enforcement action. For consumer disputes with telecom providers, a lawyer can help you navigate mediation and escalation channels effectively.

Local Laws Overview

Data protection: The Federal Act on Data Protection requires transparency about processing, appropriate security, and privacy by design. Controllers must keep records of processing, enter into data processing agreements with processors, and assess high-risk processing. Data breaches that pose a high risk to personality or fundamental rights must be notified to the federal data protection authority, and in some cases to affected individuals. Basel-Landschaft has its own public sector data protection rules that apply to cantonal and municipal bodies.

Telecommunications: The Telecommunications Act and implementing ordinances govern providers, number allocation, consumer transparency, and net neutrality. Providers have obligations around service quality, contract clarity, and lawful interception. Connection data retention applies to telecom providers under the federal surveillance framework.

Broadcasting and media: The federal Radio and Television Act regulates linear broadcasting and certain funding mechanisms. Online media typically does not require a broadcasting concession if it does not use scarce spectrum or receive fee funding, but it must still comply with copyright, youth protection, advertising, and personality rights rules.

E-commerce and advertising: The Unfair Competition Act prohibits misleading practices, hidden costs, spam without valid consent or an applicable exception, and inadequate price transparency. The Price Disclosure Ordinance requires clear price information. Cookie and tracking practices must be transparent and respect consent requirements where applicable, especially for non-essential or third-party tracking.

Electronic signatures: Under the federal law on electronic signatures, qualified electronic signatures are the functional equivalent of handwritten signatures for most contracts, except where a public deed is legally required.

Intellectual property: Copyright applies automatically to original works including software, text, images, audio, and video. Trademarks, designs, and patents are protected under federal statutes. The Federal Institute of Intellectual Property is the key authority for registrations. Open source compliance and proper licensing are essential when distributing software or embedded code.

Competition and consumer issues: The Cartel Act prohibits anti-competitive agreements and abuses of dominance. Standard terms and consumer contracts are subject to judicial scrutiny if they are abusive or misleading. For telecom consumer disputes, Switzerland has an ombudsman process to support out-of-court resolution.

Infrastructure and planning: Deployment of antennas and other network elements requires planning permission at cantonal and municipal levels, and compliance with the Ordinance on Protection from Non-Ionising Radiation. In Arlesheim, building and environmental authorities review siting and impact. Early stakeholder engagement can reduce objections and appeals.

Dispute resolution: Most civil and commercial disputes start before the conciliation authority, then proceed to the Basel-Landschaft courts. Urgent measures such as injunctions are available to stop ongoing infringements, including online defamation or IP violations. Arbitration and mediation are widely used in technology and IP disputes.

Frequently Asked Questions

Do I need a license to run a podcast, livestream, or web channel from Arlesheim

Online content that does not use terrestrial frequencies and does not receive fee funding generally does not require a broadcasting concession. You must still comply with copyright, advertising and sponsorship transparency, personality rights, and consumer protection laws. If you plan to use radio spectrum or seek public funding, consult a lawyer about licensing and registration.

What does the 2023 Swiss Data Protection Act require for my app or website

You need a clear privacy notice, a lawful basis for processing, appropriate security, data processing agreements with vendors, and privacy by design. Perform a risk assessment for high-risk processing such as large-scale profiling or sensitive data. Notify the federal data protection authority of serious breaches. Keep data only as long as needed for clear purposes. If you target EU users, consider GDPR compliance in parallel.

Can I transfer personal data to the EU, the UK, or the United States

Transfers to jurisdictions that Switzerland deems adequate, such as the EU and the UK, can occur without additional safeguards. For countries without adequacy, use safeguards like the Swiss standard contractual clauses and conduct transfer risk assessments. Update your privacy notice and vendor contracts accordingly.

What are the rules on cookies and tracking technologies in Switzerland

Provide users with clear information about cookies and similar technologies. Obtain consent where required, particularly for non-essential tracking and third-party marketing tools. Respect user choices and offer easy opt-outs. If your service also targets EU users, align with EU consent standards to avoid fragmented user journeys.

What should a Swiss SaaS agreement cover

Key points include service scope, uptime and support service levels, data processing and security commitments, subcontractor transparency, incident response, IP ownership and licensing, reversibility and data export, escrow for critical code, limitations of liability, and governing law and forum. For regulated sectors or cross-border processing, include specialized compliance clauses.

Are employee non-competes and IP assignments enforceable

Non-competes must be in writing, protect a legitimate business interest, and be appropriately limited in time, geography, and scope. Courts can reduce overly broad clauses, and multi-year restrictions are scrutinized. Inventions created in the course of employment usually belong to the employer, while off-duty inventions may be claimable against special compensation. Use clear agreements to avoid disputes.

What permits are needed for a new antenna or small cell in Arlesheim

Expect a municipal and cantonal planning process, including environmental review and compliance with non-ionizing radiation limits. Public notices can trigger objections and appeals. Coordinate early with Basel-Landschaft building and environmental authorities and the municipality of Arlesheim, and document technical justifications to withstand scrutiny.

How do I resolve a billing or service quality dispute with my telecom provider

Start with the provider’s internal complaint channel and keep written records. If unresolved, you can escalate to the national telecommunications ombudsman system for mediation. A lawyer can assess contract terms, unfair practices, and potential claims for damages or termination if the provider breaches statutory or contractual obligations.

Can I record calls or meetings without telling the other participants

Secretly recording private conversations can breach Swiss criminal law. As a rule, do not record calls or meetings without the knowledge of all participants. Even if a court might later admit a recording as evidence in limited circumstances, you could face liability. Obtain clear consent before recording and consult a lawyer for lawful alternatives.

How do I handle online defamation or copyright infringement

Preserve evidence with timestamps and screenshots. Send a well drafted notice to the platform or host identifying the unlawful content. In urgent cases, seek an injunction from the Basel-Landschaft courts to stop the infringement. For persistent issues, consider civil claims for injunctive relief and damages. Defamation can also have criminal implications, so get prompt legal advice.

Additional Resources

Federal Office of Communications OFCOM and the Federal Communications Commission ComCom handle telecom regulation, radio spectrum, and broadcasting supervision at the federal level.

Federal Data Protection and Information Commissioner FDPIC provides guidance on the Federal Act on Data Protection, breach notifications, and cross-border data transfers.

Basel-Landschaft cantonal data protection authority oversees data protection in cantonal and municipal bodies and can provide guidance for public sector processing.

Basel-Landschaft building and environmental authorities review infrastructure siting, construction permits, and environmental compliance, including non-ionizing radiation limits.

Municipality of Arlesheim building office can guide you on local permit procedures, notices, and neighborhood consultation for network works or signage.

Ombudscom, the Swiss telecommunications ombudsman service, mediates disputes between consumers and telecom providers as an out-of-court channel.

Federal Institute of Intellectual Property IPI is the authority for trademarks, patents, and designs, and provides guidance for rights holders and applicants.

WIPO Arbitration and Mediation Center provides dispute resolution for .ch and .li domain names and offers mediation and arbitration services for IP and technology disputes.

Next Steps

Define your objectives and risks. Write down what you are trying to achieve and the time pressures involved, for example a product launch, an urgent takedown, or a planned network rollout. Identify stakeholders and any cross-border elements that affect compliance.

Gather documents and evidence. Collect contracts, invoices, platform terms, technical specifications, data flows, privacy notices, architectural plans, and correspondence. Preserve digital evidence with logs and screenshots. For data protection matters, map processing activities and vendors.

Consult a lawyer with Swiss media, technology, or telecoms experience. Ask about relevant sector experience, timelines, and fee structures. For Arlesheim and Basel-Landschaft projects, choose counsel familiar with local permitting, courts, and authorities.

Triage urgent actions. Consider whether you need an interim injunction, a breach notification, a contract termination notice, or a planning submission. Many Swiss procedures have strict deadlines, including court conciliation steps and ombudsman filing windows.

Plan compliance improvements. Implement updated terms of service, data processing agreements, consent mechanisms, cybersecurity controls, and incident response plans. For infrastructure, prepare community engagement materials and environmental compliance packages.

Follow up and document outcomes. Keep records of regulatory interactions, mediation results, and corrective measures. Solid documentation reduces future disputes and accelerates audits and approvals.

This guide provides general information only and is not legal advice. For advice tailored to your situation in Arlesheim or elsewhere in Switzerland, consult a qualified lawyer.