Revision of the Swiss Code of Professional Conduct (SSR) of the Swiss Bar Association
As of July 1, 2023, the new Swiss-wide Code of Professional Conduct (SSR) has come into force.
The revision aimed at a general modernization. In addition to the reformulation of professional law and professional ethics, the Code of Professional Conduct was supplemented in particular by regulations regarding digitalization and outsourcing (Art. 34-38 SSR). Lawyers are now explicitly allowed to use digital applications and tools within the scope of their professional practice and also to provide their own online or other digitalized services, provided that the principles of professional practice are guaranteed. On the one hand, it is now clearly stated that unsecured electronic communication with clients is permitted subject to the client's consent. The client's consent is assumed if the client communicates digitally in an unsecured manner without reservation. On the other hand, the provision and offering of legal services via digital platforms is now also expressly permitted. With regard to the data they obtain in the course of their professional practice and which are subject to professional secrecy, lawyers must ensure at all times that they are stored and made available for digital access in such a way that they are protected against unauthorized access by third parties in accordance with the state of the art. Furthermore, the revised Code of Professional Conduct now states that third parties may also be commissioned with the provision of digital or personal auxiliary services for the practice of the profession. Such third parties are considered auxiliary persons pursuant to Art. 321 StGB and are also subject to professional secrecy, whereby lawyers, for their part, must ensure compliance with the rules of professional conduct, in particular professional secrecy, by carefully selecting and instructing the service provider as well as by means of sufficient contractual provisions. The storage and other processing of data may also take place with operators of corresponding infrastructures or applications for the management of the mandate, as long as the aforementioned data security is guaranteed.
We welcome the modernization of the Code of Professional Conduct. Just like other industries, the legal industry must keep up with the current state of the art and use technological advances to improve the quality and efficiency of its activities. The use of electronic tools and digital communication with clients was already in use before the revision of the Code of Professional Conduct, but in the absence of a clear legal basis, only general legal principles could be used to justify this practice. With the revision of the Code of Professional Conduct, however, a clear legal basis for digitization in the legal profession has now been created for the first time, thus sending a signal that the legal profession should also modernize and digitize itself in parallel with other industries in order to ensure more efficient client work.