Terms and conditions FEDRO

1 Preamble

These General Terms and Conditions of Use (hereinafter ‘GT&Cs’) govern the contractual relationship between the Federal Roads Office (hereinafter ‘FEDRO’) and users of the Traffic Data Platform (hereinafter ‘TDP users’). The Traffic Data Platform (hereinafter ‘TDP’) constitutes the national point of access to mobility data in relation to road transport. It enables FEDRO to make traffic data available to the public. The TDP facilitates the mutual data sharing in an electronic and open format. The viewed data can be processed, analysed, published and supplemented. In this way, FEDRO aims to foster the exchange and provision of traffic data. The TDP takes account of the report of the Federal Council on data processing and security, published on 17 August 2018 in the framework of the ‘Digital Switzerland’ strategy adopted by the Federal Council on 5 September 2018.

2 Purpose

The purpose of these GT&Cs is to define the methods of use of the TDP and to inform its users of their rights and obligations. The GT&Cs are contractually binding and are complementary to the GT&Cs of the opentransportdata.swiss platform.

3 Legal basis

FEDRO operates the TDP online on the basis of Article 57c of the Federal Road Traffic Act (RTA; SR 741.01). Cantons may submit cantonal or urban data on a voluntary basis.

4 Definitions

Terms and definitions used in these GT&Cs:
4.1 Data: Non-personal, real-time data provided on the TDP. The data are purely technical in nature and may be obtained and used by all TDP users. As the TDP is the Swiss road data platform, the data processed may be national road data, or cantonal and urban data. When an account is being set up on the TDP, FEDRO also has to process personal data. FEDRO provides metadata on the TDP relating to traffic on the motorways and national roads.
4.2 TDP standard user: This refers to any natural person, legal entity or public authority that subscribes to FEDRO’s TDP or uses the user ID and password, regardless of whether the user in question has right of access to the platform. The GT&Cs apply to the acquisition by standard users of data provided by FEDRO on the TDP.
4.3 TDP partner user: The status of TDP partner user is attributed to any natural person, legal entity or public authority that provides data in the framework of the mutual data sharing. Specific rights and obligations apply to partner users (cf. paragraphs 7.2 and 8.2).
4.4 Data usage: This refers to the utilisation, linking, further processing, provision, acquisition or exchange of data on the TDP. Data acquisition occurs via the provision of data in the framework of the mutual data sharing.
4.5 TDP: The mobility data infrastructure operated by FEDRO.

5 Scope of application

5.1 Material scope of application
These GT&Cs apply to natural persons and legal entities, and to federal, cantonal and municipal services that use the TDP. They apply after the user has opened an online account on the TDP site and acquires data on the platform.

5.2 Territorial scope of application

The data provided on the TDP are exclusively collected within Swiss sovereign territory. The data may be used worldwide, subject to the limits specified under Swiss law. These GT&Cs are not restricted in terms of location.

6 Founding principle

The TDP is based on the principle of mutual data sharing. The TDP facilitates the provision of data on the basis of the open data principle. If, however, the TDP data are used in the framework of a business model, the user is required to provide equivalent data within the scope of the mutual data sharing. This mechanism permits the provision of data on a reciprocal basis between FEDRO and TDP users. The provision of data constitutes a quid pro quo or consideration in return as prescribed by law in exchange for the acquisition of data from the TDP.

7 Applicable rights pertaining to the TDP

7.1 Applicable rights for TDP standard users
Upon completion of the registration procedure and the user’s express acceptance of these GT&Cs, FEDRO grants access to the TDP. TDP users are then able to download data from the platform. They are entitled to limited access to the TDP. Data may be downloaded for a duration of six months. If a user is able to substantiate to FEDRO the necessity to use the data for a longer period, FEDRO may extend the duration accordingly.

7.2 Applicable rights for TDP partner users

The general provisions cited in paragraph 7.1 apply in full to TDP partner users. TDP partner users are entitled to extended access to the platform data, which is initiated and takes effect upon the signature of a data provision agreement between the TDP partner user and FEDRO. TDP partner users supply data to FEDRO in the framework of the mutual data sharing. If a TDP partner user cannot, or no longer wishes to, supply its own data, its access to the platform data will be restricted to the level of ‘TDP standard user’.

7.3 Rights of FEDRO

FEDRO may on justifiable grounds suspend a user’s right of access with immediate effect. If a user fails to comply with these GT&Cs, FEDRO may immediately terminate the user’s collection of data and require the rectification of the situation. If the situation is not rectified by the deadline specified by FEDRO, the user’s access to the TDP will be instantly blocked upon expiry of the stipulated deadline. If an offence in accordance with criminal law has been committed by the contractual partner, FEDRO reserves the right to take additional measures (for example, reporting the matter to the criminal prosecution authorities). FEDRO may at any time modify, delete or temporarily not publish all or part of the content without notifying the user, in order in particular to limit the risks of profiling and re-identification of road users as a result of the combination of data, with due regard for the principle of proportionality. Unless otherwise provided by law, data users shall not combine data in a way that makes it possible to profile behaviour or re-identify individuals on public roads.

8 Obligations

8.1 Applicable obligations for all users

The use of the TDP is subject to prior online registration. Users must complete all mandatory fields in full and truthfully. They are required to declare their acknowledgement and acceptance of these GT&Cs before creating an account and downloading any data. Upon their confirmed acceptance, these GT&Cs become legally binding for TDP users. Users are required to maintain the confidentiality of their ID and password. They must use the site in accordance with its specified purpose and must not attempt to impair the correct functioning of the platform. They are required to accept responsibility in the event of damage resulting from the failure to comply with the cited obligations. They undertake to use the TDP and the data it contains in accordance with these GT&Cs and solely within this framework. Users are prohibited from transferring data in raw format via a machine-readable interface to third parties.

8.2 Applicable obligations for TDP partner users

TDP partner users are subject to the same obligations as those cited in paragraph 8.1. They are required to sign a data provision agreement before being granted extended access to the platform data. To have their account terminated, they must inform FEDRO by email sent to the following address: verkehrsdaten-plattform@astra.admin.ch. FEDRO will close the account three months after receipt of the notice of termination.

8.3 Applicable obligations on the part of FEDRO

FEDRO operates the TDP and enables users to procure data from the platform for use in accordance with the provisions of these GT&Cs. Via the TDP site, FEDRO systematically informs users when new data records are available on the platform. FEDRO undertakes to maintain access to the site and to secure its proper functioning (for issues relating to liability, cf. paragraph 15).

9 Intellectual property rights

FEDRO cannot be held liable for the publication of content that is in contravention of the intellectual property rights of a third party. The elements of the TDP site – texts, videos, images – are protected by copyright and their use without express authorisation is prohibited. All rights pertaining to the TDP remain the sole property of the Swiss Confederation. The rights pertaining to supplied data remain the property of the respective supplier. The data compiled on the TDP are placed at the disposal of users within the framework of these GT&Cs. The downloading or copying of data does not under any circumstances result in the cession of rights to the content.

10 Hypertext links

FEDRO cannot be held liable in the case of unlawful content on a third-party site to which a hypertext link from FEDRO redirects a user.

11 Protection of personal data

The legal provisions governing the protection of personal data are applicable (Data Protection Act). With the exception of personal data processed in the framework of users’ accounts, the TDP may only use technologies for analysing or tracing anonymised behaviour on its site. FEDRO ensures that the combination of data cannot facilitate the collection of personal data. The processing of personal data in connection with users’ accounts serves the sole purpose of creating a contractual relationship between FEDRO and TDP users within the scope of the provision and use of data on the platform. Users are entitled to access or correct their personal data associated with their account. FEDRO is responsible for taking appropriate technical or organisational measures in order to secure the personal data in the users’ accounts. These security measures also apply to the transmission of data (ssl, https) and the storage of personal profiles (firewall and safeguards). By completing the registration form, users accept that their personal data will be processed within the scope of the use of the TDP. Any use or transmission of personal data by FEDRO for other purposes is prohibited. Following the closure of an account, all user data will be deleted or retained solely for statistical or research purposes in anonymised form.

12 Data quality

FEDRO defines the requirements to be placed on data quality, and reserves the right to require TDP users to supply data in a specified format and at a defined level of quality. FEDRO also reserves the right to require users to identify the quality of supplied data by applying the method predefined by FEDRO.

13 Publication of results

Users who produce publications in printed or electronic form using data from the TDP must indicate the following source reference: ‘Source: FEDRO Traffic Data Platform (TDP)’.

14 Operation and further development of the application

FEDRO is responsible for the operation and management of the TDP. It may call on the services of third parties in order to secure the performance of its duties. The further technical development of the TDP is entirely at the discretion of FEDRO.

15 Liability

Users shall be liable for any unlawful use or any other use that is in violation of these GT&Cs, and for any resulting damages. Users shall bear all risks incurred following the analysis of data, the development of applications or services based on data from the TDP. Users are fully liable in the event of manipulations or malfunctions of their IT system and/or fraudulent use of access rights. FEDRO cannot be held liable in the event of fraudulent use of the TDP by a third party.

The data are not subjected to a quality check. Thus the quality of the data provided on the TDP is the same as their quality at the time of provision by FEDRO and its contractual partners. Users may not lay claim to a specific quality of data. FEDRO enables users to procure the data in a standardised format with a corresponding data key, based on the status of the data at the time of delivery. The federal government cannot accept any liability whatsoever for the correctness, accuracy, status, reliability and completeness of the data delivered to the TDP. It can also not be held liable for direct or indirect damages resulting from the proper or improper use of the TDP, to the extent permitted by law.

In the event of force majeure, i.e. an unforeseeable and insurmountable occurrence, the parties shall be exonerated from their respective liabilities. This is a provision on the basis of public policy.

16 Data security – best effort clause

FEDRO will implement reasonable due diligence measures in order to secure access to the TDP data, and ensure their availability and integrity.

17 Applicable law and place of jurisdiction

In the event of disputes, the contractual parties are required to endeavour to settle the conflict amicably. If no amicable agreement can be reached, the following rules apply to users:
– All disputes arising in association with these GT&Cs shall be governed exclusively by Swiss law.
– Place of jurisdiction shall be Bern.
– FEDRO may also take action against users at their place of residence or business headquarters.

18 Entry into force

These GT&Cs enter into force after the user has confirmed he/she has read and accepted them. Registration on the TDP cannot be made until the user has confirmed his/her acceptance of these GT&Cs. No access to the PDT data is possible without prior validation of the GT&Cs.

19 Revision of the GT&Cs

These GT&Cs are valid from their date of entry into force with no specified time limit, until any subsequent revision is issued. TDP users will be notified about the data of entry into force of the revised GT&Cs prior to their release. In the event of a revision, the most recent version of the GT&Cs is valid.

Status, May 2023 – FEDRO