This legal framework supports the claim that annexes authored by a claimant may be lawfully shared under Swiss civil procedure with key limitations addressed.
Legal Reference:
Claimant’s Right to Publicly Release Filed Annexes in Swiss Civil Conciliation Proceedings (v 0.3)
June 2025
Jurisdiction: Switzerland – Civil Conciliation (Zug)
Subject: Legal basis confirming the claimant’s right to publicly release submitted annexes after filing
1. Overview and Objective
This memorandum evaluates the legal and procedural permissibility of the claimant publicly releasing personally authored annexes submitted in connection with a civil conciliation filing in Switzerland. It incorporates relevant provisions of Swiss civil procedure, privacy law, defamation law, and cultural practice, and acknowledges both technical rights and prudential risks.
2. Legal Framework
A. Swiss Civil Procedure Code (ZPO)
Swiss civil actions typically begin with conciliation under Articles 197–212 ZPO. The process is intended to resolve disputes efficiently and privately.
Relevant provisions include:
- Art. 202 ZPO: The conciliation request may include exhibits/annexes.
- Art. 205 ZPO:
“Statements made by the parties during the conciliation hearing may not be used subsequently in the proceedings.”
Interpretation:
This clause applies strictly to oral statements made during the hearing not to the written conciliation request or pre-filed annexes. However, Swiss courts and legal culture favor confidentiality, and claimants should proceed with legal caution and discretion when considering public release.
B. Mediation vs. Conciliation
- Mediation (Arts. 213–218 ZPO) is governed by stronger confidentiality rules, and statements are inadmissible by law.
- Conciliation is less formally protected, though still treated as a confidential phase by legal tradition.
No Swiss statute expressly forbids a party from sharing their own authored submission materials, unless:
- There is a specific confidentiality order,
- The material includes third-party private data or defamatory content.
3. Defamation, Privacy, and Professional Risks
While publication may be legally permissible in theory, certain civil and reputational liabilities may arise if mishandled.
A. Defamation Risk (Swiss Criminal Code Arts. 173–177)
- Even true statements can be considered reputation-damaging if not justified by overriding public interest.
- Claims implying criminality or unethical conduct must be factually grounded and carefully worded.
B. Data Protection (Swiss DPA, GDPR)
- Names, communications, or identifying data of individuals (Nexo employees, legal counsel, etc.) must not be disclosed without consent unless already public or anonymized.
- Redaction is strongly advised.
C. Professional Conduct
- If publication is initiated or endorsed by retained counsel, Bar Association ethical rules apply.
- However, if the claimant publishes independently, the rules of attorney conduct do not bind the claimant though reputational and procedural norms still apply.
4. Best Practices for Lawful and Strategic Publication
Claimant publication may be permitted if the following criteria are met:
Requirement | Description |
Authorship | Content is clearly authored by the claimant |
Accuracy | Based on documented experience or belief |
Disclaimer | Clarifies that it is not a court decision or legal advice |
Anonymization | Names/data of others removed or redacted |
Tone | Avoid inflammatory or accusatory rhetoric; rely on facts |
Recommended disclaimer:
“This annex is a personally authored statement submitted in connection with a civil conciliation filing in Switzerland. It reflects the claimant’s experience and understanding of the matter. It is not a court judgment, legal opinion, or representation of any third party.”
5. Lack of Precedent and Advisory Position
It is acknowledged that:
- There is no direct published Swiss case law affirming the claimant’s right to publish conciliation materials,
- Such publication is unusual and may be viewed unfavorably by courts or opposing parties,
- However, there is also no statutory prohibition on the claimant sharing personally authored annexes in the absence of a court order or protected third-party content.
Accordingly, while not conventional, the act is not clearly unlawful if executed carefully and in good faith.
6. Summary Legal Position
A claimant may, under Swiss law, publish personally authored annexes from a conciliation filing provided that:
- The annexes contain no privileged or defamatory content,
- Personal data is redacted unless publicly known,
- No statements made during the hearing are disclosed (Art. 205 ZPO),
- There is no existing confidentiality order.
While legal, such publication carries strategic, reputational, and cultural risks and should ideally be preceded by:
- Legal counsel review,
- Clear authorship disclaimers,
- Consideration of settlement posture and media impact.
7. Recommendation
Proceed with publication only after formal review by qualified Swiss civil litigation counsel, especially where annexes contain critiques of named individuals, detailed timelines, or factual claims that Nexo may dispute.
In the absence of such review, limit publication to personal impact statements and general case summaries that:
- Reflect the claimant’s direct experience,
- Avoid speculation, and
- Do not purport to represent legal findings or third-party statements.