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The Notice and Take Down policy is essential for any organization operating digital platforms or hosting content in Switzerland. This document becomes necessary when organizations need to establish clear procedures for handling requests to remove potentially illegal, infringing, or harmful content from their platforms. The policy ensures compliance with Swiss legislation, including the Civil Code, Data Protection Act, and Criminal Code, while following the self-regulatory framework established by the Swiss Internet Industry Association (SIMSA). It provides detailed procedures for submitting takedown notices, evaluating claims, removing content, and managing disputes, thereby protecting both the platform operator and users while minimizing legal risks.

1. Purpose and Scope: Defines the objective of the policy and its application scope, including types of content and services covered

2. Definitions: Defines key terms used throughout the policy, including 'illegal content', 'infringing content', 'notice', 'take down', and 'service provider'

3. Legal Basis: References to relevant Swiss legislation and regulations that form the foundation for the notice and takedown procedure

4. Notice Requirements: Detailed requirements for submitting a valid takedown notice, including necessary information and format

5. Assessment Procedure: Description of how notices will be evaluated, including timeline and criteria for assessment

6. Take Down Procedure: Step-by-step process for content removal, including timing and method of removal

7. Counter-Notice Procedure: Process for content providers to contest a takedown request

8. Appeals and Dispute Resolution: Procedures for challenging decisions and resolving disputes

9. Liability and Disclaimers: Clarification of service provider's liability and limitations of responsibility

10. Data Protection and Privacy: Handling of personal data in the notice and takedown process