A major order for the IT industry in Switzerland is turning into a political crime thriller. The Federal Office of Public Health (BAG) is driving forward the digital development of the healthcare system with the “Swiss Health Data Space” (SwissHDS) project. The goal is a networked data room for the exchange of patient data between doctors and hospitals. It’s about a double-digit million budget – and a fundamental decision for digital sovereignty.
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According to the NZZ, the explosiveness lies in the catalog of requirements: the infrastructure must be subject exclusively to Swiss law and must not be dependent on external jurisdictions. The BAG explicitly mentions the US Cloud Act. This would effectively mean that US companies such as Microsoft, Google and AWS are faced with closed doors. Since these companies have to grant US authorities access – regardless of the server location – they could hardly meet the Swiss conditions.
Internally, the language at the BAG is even clearer. The NZZ quotes from emails according to which dependence on states that could “pull the plug” in an emergency is considered particularly risky. The population’s trust depends largely on the fact that the state can guarantee the protection of highly sensitive health data from unauthorized access. This is in line with resolutions from data protection advocates who see public administrations as having a duty.
The WTO conflict and diplomacy
The push for SwissHDS puts Bern in an awkward position. The Federal Office for Buildings and Logistics (BBL), which is responsible for procurement, is already cautiously backtracking and describing the wording as “clumsy”. Reason: Switzerland is bound by WTO rules that require equal treatment of all bidders. A blanket exclusion of US companies could be viewed as protectionism that violates international law. The issue is like a diplomatic minefield as Switzerland negotiates trade deals with the Trump administration.
Proponents of the initiative see digital sovereignty as a mandatory technical security requirement. Marc Wilczek, CEO of the German provider Plusserver, praises the growing awareness of sovereignty. The protection of critical data is no longer an optional extra. Critics warn against “ideological isolation”. Avoiding US technology could make IT projects more expensive and slow down innovation. In general, Switzerland is closely linked to the US tech sector: Google operates its largest development site outside the USA in Zurich.
Whether the strict requirements will hold until the final tender is a litmus test of the Swiss’ political steadfastness towards Washington.
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