Hosting providers like Hostpoint provide the technical infrastructure on which digital content is published. But what happens when reports of problematic content are received concerning, for example, violations of personality rights, copyright or potentially illegal content?
Swico has revised parts of the Code of Conduct Hosting (CCH) this year with a view to aligning it with the EU Digital Services Act (DSA) and adding more specific examples and structural clarifications to the existing procedures. The new CCH, which went into effect on April 1, 2025, is aimed at giving Swiss hosting providers a procedure that conforms to international standards while still upholding the principles of self-regulation and contractual freedom.
Note:
Swico is the industry association for the Swiss digital sector and is based in Zurich. It represents over 700 companies in the ICT and online sector in the political, business and public spheres. In addition to representing its members’ political interests, Swico also supports sustainable solutions such as the national take-back system for electrical and electronic equipment. The association also operates expert committees and working groups (e.g. for hosting and cybersecurity) that develop concrete standards and codes of conduct like the CCH and CCD.
What is the CCH?
The Code of Conduct Hosting (CCH) is a self-regulation-based and voluntary code of conduct for hosting providers in Switzerland. It was established by Swico in 2012 in response to increasing uncertainty surrounding how to deal with illegal and problematic content on hosted websites. The approach is centered around the “notice and notice” and “notice and take down” procedures – processes for dealing with reports of potentially illegal content that is made publicly accessible via hosting services.
The goal was to establish a clear and practical framework for prompt and responsible action that hosting providers could use as a guide for dealing with such reports.
Important:
The CCH is not intended to legitimize arbitrary or competition-motivated complaints, for example where one provider is attempting to drive a competitor out of the market. The code of conduct is designed to give hosting providers a fair and transparent basis for dealing with credible reports.
Two clearly defined procedures
At the heart of the CCH are two distinct procedures. The “notice and notice” procedure is used when content is potentially, but not obviously impermissible. In contrast, “notice and take down” allows for swift intervention in cases where the reported content has a high probability of being impermissible. The language for both procedures was revised in the updated version and supplemented with examples aimed at simplifying practical application.
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Notice and notice procedure
Example: A person reports that a blog post on a customer website contains defamatory statements about them. The hosting provider checks the report, forwards it to the respective website operator and gives them the opportunity to provide a response or revise or remove the content. -
Notice and take down procedure
Example: A hosted website has published a call for violence against a group of people. The provider can take immediate action and provisionally block the site even without a response from the customer.
Incorporation of European regulations
With the Digital Services Act (DSA), the European Union has established a comprehensive set of regulations that may also be applicable for Swiss hosting providers if they deliberately offer services to customers in the EU and advertise those services abroad on a significant scale. The revised CCH integrates key requirements of the EU law into the Swiss procedure.
The objective of aligning the CCH with the DSA is to standardize the internationally recognized “notice and notice” and “notice and take down” procedures while at the same time maintaining the principles of contractual freedom and self-regulation that are established in Switzerland. This gives hosting providers like Hostpoint a legally secure yet procedurally simple basis for responsibly fulfilling their role as intermediaries in the digital sector, including internationally.
Organizational and contractual requirements
In addition to the technical and content-related procedures, the CCH also lays out how hosting providers can process reports as efficiently as possible. The focus is not only on availability and responsibilities, but also on how to communicate the procedure to customers in a binding and transparent way.
Hosting providers must:
- Have a central point of contact for complaints
- Mention the procedure in their general terms and conditions
- Obligate their customers to provide legal content
Whether it’s an anonymous report, personality rights violation or a criminal complaint, the CCH gives hosting providers a clearly structured roadmap for dealing with such cases in a professional, transparent and legally compliant manner.
3 questions for Marco Bühler, Head of Customer Care
Beyond being a Swico member, Hostpoint is also a member of the IG Hosting working group that was responsible for revising the CCH. To explain how we contributed to the development of the new CCH, why we care so much about this issue and what it all means for our customers, Head of Customer Care Marco Bühler answers three questions for us:
Why is Hostpoint so actively involved with this code of conduct?
As a hosting provider, we have a responsibility both to our customers and to society as a whole. The aim is to make content available without turning a blind eye when it is problematic. In such cases, the CCH helps us act prudently in a manner that is legally compliant and transparent for all involved. But if the case is not entirely clear-cut, the parties either have to resolve it among themselves or ultimately have it decided through legal proceedings.
What are the concrete benefits of this for Hostpoint customers?
Complaints about content on a website can be directly and easily passed on to the creator of the content. Without the CCH, the complainants would have to take official legal action, which usually involves considerable time and expense for both parties to the dispute. Moreover, there could also be a need for prior legal knowledge or support in this area. The CCH therefore saves valuable resources for all involved.
The CCH is voluntary. Why are such regulations nevertheless necessary?
The digital public needs rules that function even without state intervention. The CCH signals that we are proactively taking responsibility as an industry.
Supplementary rules for domain names
In addition to the Hosting Code of Conduct, there is also a code of conduct for dealing with problematic domain names: the Domain Names Code of Conduct (CCD). This is aimed at Swiss domain registrars and describes how to deal with complaints about potentially illegal domain registrations or usage. Structured procedures like “notice and notice” and “notice and take down” are also applied here, adapted to the context of domain management. A typical case would be a domain that imitates a known brand and is used for a fraudulent shop.
Conclusion
The Hosting Code of Conduct strengthens the industry’s effort to proactively take responsibility and establishes clear processes for dealing with complaints. For Hostpoint, it is a commitment to fairness, transparency and a mutually responsible digital community. Our customers can rest assured that reported content will be checked and dealt with in a transparent manner.
