Due to the recent increase in SMS fraud cases, Swisscom Trust Services AG has restricted the sending of SMS for both test accounts and productive accounts. As part of the analysis of signature transactions authorized via SMS, it has been determined that our services are sometimes used outside the contractually defined geographic scope. For this reason, we would like to explicitly remind you of the following framework conditions and requirements.
The services provided by Swisscom Trust Services AG are generally intended for sale and use within Switzerland, the EU, the European Economic Area (EEA), and the United Kingdom. Usage outside these regions is not permitted without a separate contractual agreement.
For partners who wish to extend the geographic scope of our services to countries outside the mentioned regions, we offer corresponding contract options. This memo provides an overview of the legal framework, the prerequisites for geographic expansion, and the recommended approach for utilizing our services in third countries.
Data Protection
The processing of personal data of individuals residing in third countries may be subject to strict data protection regulations of the respective country. These national regulations must be strictly adhered to and continuously observed during ongoing use.
Terms of Use and Consumer Protection
Specific legal requirements regarding terms of use and consumer protection apply in many third countries. These legal requirements can vary significantly depending on the country. To ensure lawful use of our services in third countries, it is necessary to examine the respective national regulations on a case-by-case basis and, if necessary, make appropriate adjustments to the terms of use.
SMS Delivery and One-Time Passwords (OTP)
Numerous countries outside the EU, the EEA, and Switzerland block SMS due to national filters, legal, or regulatory restrictions. Therefore, the delivery of OTP via SMS cannot be guaranteed. Alternative methods for signature authorization (Passkey, signature authorization app, etc.), which many partners already utilize, should be preferred.
Contract Options
Swisscom Trust Services AG offers several contract options for use in these third countries. These may also include a comprehensive legal review of data protection, terms of use, and consideration of local regulatory requirements for target markets outside the EU, EEA, Switzerland, and the UK, potentially leading to adjustments in the terms of use or data protection policies. Such a contract option is a prerequisite for the lawful use of our services outside the standard-supported regions.
Abuse Swisscom Trust Services reserves the right to monitor the use of SMS for numbers originating outside the mentioned regions. If usage occurs without a corresponding contract option or abuse is detected, Swisscom Trust Services may restrict or suspend usage and potentially seek damages.
Recommendation Customers are advised to use alternative methods for signature authorization since OTP delivery via SMS cannot be reliably ensured in many third countries. Support for technical issues related to SMS delivery is exclusively the responsibility of the partner.