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Swiss Encryption Law Change Sparks Debate on Privacy and Surveillance

by Shelley

Switzerland’s proposed changes to encryption laws are drawing sharp criticism from privacy advocates and tech companies. The revision, which seeks to expand surveillance obligations, would require companies to gather identification and data from their users. If passed, the law could significantly affect online privacy.

Notably, Proton VPN and NymVPN, two Swiss-based VPN providers, are among those who would be impacted. Proton CEO Andy Yen has warned that his company would consider leaving Switzerland rather than compromise user privacy. Proton, which has a strict no-logs policy, is particularly concerned that the law would force it to collect information it currently avoids.

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The new law is set to undermine the no-logs policies that privacy-focused VPNs uphold. These companies collect minimal user data to ensure their clients’ privacy. While many companies have voiced their opposition to the law, Infomaniak, a Swiss cloud security company, is notably in favor of it.

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Infomaniak’s Support for the Law

Infomaniak, which brands itself as an “ethical cloud” provider, has surprised many by supporting the law change. In a debate on Radio Télévision Suisse (RTS), Infomaniak spokesperson Thomas Jacobsen dismissed Andy Yen’s concerns, claiming that the Proton CEO lacks understanding of Swiss political institutions. Jacobsen argued for a balanced approach, stating that anonymity in the digital world could hinder justice.

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Proton VPN has been cited as an advocate for anonymity, though this is a misunderstanding. Proton focuses on privacy, not full anonymity. Many people confuse the two, as shown by a Tom’s Guide survey, which found that 29% of respondents believed VPNs offer full anonymity. In reality, VPNs protect users’ data and privacy, but they can still see some identifiable information, such as IP addresses and payment details, which they do not log or share.

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The Debate on Free VPNs

Infomaniak also criticized free VPN services, claiming they allow users to hide from the law by enabling anonymity. While it’s true that VPNs can be misused by bad actors, targeting VPN providers for the actions of a few would unjustly penalize millions of legitimate users.

VPNs, especially free services, are essential for people living under oppressive regimes or in countries with strict censorship. Proton VPN, for example, offers a free service designed to protect users in such environments. Infomaniak’s stance on free VPNs overlooks the importance of privacy tools for individuals who cannot afford paid services.

Metadata Collection and Its Implications

One of the most controversial aspects of the proposed law is its emphasis on metadata collection. Infomaniak supports the idea of collecting metadata to assist in prosecuting individuals involved in illegal activities. Metadata includes information such as geolocation, IP addresses, and communication timestamps, which can be used to trace criminal activity. However, opponents argue that this collection poses a significant privacy risk and could lead to unnecessary surveillance.

The metadata issue has caused division within the tech community. Some experts fear that collecting metadata could put individuals—especially activists, journalists, and vulnerable groups—at risk. Infomaniak’s plan to move toward an encrypted email service while still collecting metadata highlights the tension between privacy and security.

Looking Ahead

The Swiss government’s consultation on the law change ended on May 6, 2025, but the final decision is still pending. As the debate continues, privacy advocates are closely monitoring the situation, concerned that the law could set a dangerous precedent for digital freedoms.

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