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Virtual court hearings from 2025

Data protection law Litigation Court proceedings

On 14 February, the Federal Council opened the consultation on the Ordinance on the Use of Electronic Means of Sound and Image Transmission in Civil Proceedings (VEMZ). The consultation period ends on 22 May 2024.

From 1 January 2025, as part of the revision of the Code of Civil Procedure, the courts in Switzerland will be able to conduct oral proceedings by video conference and, in exceptional cases, by telephone conference or allow the parties to participate via such media under certain conditions

Legal basis

The VEMZ is based on Art. 141b para. 3 of the revised Code of Civil Procedure. This regulates the requirements for the use of electronic means of audio and video transmission. The technical requirements and the requirements for data protection and data security are to be regulated by the Federal Council.

According to Art. 2 VEMZ, courts that use electronic means in proceedings and persons who participate in proceedings by electronic means must have a suitable infrastructure, a suitable Internet connection and suitable hardware and software. Public access must be guaranteed and the infrastructure of the courts must allow for the recording of sound and images.

The DPA does not apply to ongoing civil proceedings. However, Art. 141b para. 1 letter c of the revised CCP stipulates that the use of video and telephone conferences in civil proceedings is only permitted if data protection and data security are guaranteed. The VEMZ specifies the data protection requirements and ensures that the personal data of the persons involved is adequately protected when using electronic means.

Implementation of virtual court proceedings

With the consent of the parties, the procedural act pursuant to Art. 141a para. 1 nZPO can be carried out by electronic means for all parties to the proceedings. Hybrid conferences in accordance with Art. 141a nZPO are also possible, whereby the procedural act takes place in the courtroom but one or more persons join in online.

For the taking of evidence by electronic means, such as the examination of witnesses, expert opinions, questioning of parties or statements of evidence, it is also necessary that the use of a video or telephone conference does not conflict with any overriding public or private interests. The consent of the person connected is not required for the taking of evidence.

In addition, if evidence is taken by electronic means, the video or telephone conference must be recorded. For other procedural acts, it is at the discretion of the court whether a recording is made.

Data protection and data security

As neither the Data Protection Act nor the cantonal data protection regulations apply to civil proceedings, data protection for electronically conducted procedural acts must be specified in the VEMZ. In principle, only the applicable procedural law determines how personal data is to be processed. The protection of the personality and fundamental rights of the parties involved must be ensured and thus protection equivalent to the FADP should be guaranteed. Based on this, the Federal Council is to regulate and specify the data protection and data security requirements for the use of electronic means in addition to the technical requirements in accordance with Art. 141b para. 3 nCCP.

Connection via Metaverse?

It is not clear from the VEMZ consultation whether connection via Metaverse will be possible.

An example from South America shows that a court hearing via Metaverse is possible. In February 2023, a court case from the Colombian administrative court in Magdalena was held in the metaverse.

However, holding a trial in the metaverse not only poses legal difficulties, but also factual ones.

Facial expressions are often of great importance in a court hearing. Personal presence can be decisive, especially for assessing the credibility of witnesses, but also for the confrontation between the opposing parties.

If the technical and data protection requirements can be met, a court hearing via Metaverse is conceivable. However, video conferences are easier to conduct due to their accessibility and personal connection. However, proceedings via Metaverse are not ruled out.

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