Swiss affiliates of Facebook (“Facebook Switzerland”) and Google (“Google Switzerland”) and the managing directors of these affiliates cannot be ordered by the Swiss law enforcement authorities to submit information or data related to accounts presumably subscribed in Switzerland, if these Swiss affiliates are neither in possession nor in control of such data. Under such circumstances, subscriber information or data must be collected by ways of international legal assistance in criminal matters from Facebook’s or Google’s national group companies which are in possession and/or control of such information or data.
The Swiss Federal Supreme Court therefore set aside the judgments under appeal by Facebook Switzerland and Google Switzerland and its managing directors.