The energy transition is digital. Smart meters are at the heart of both legal and practical issues.
Caroline Gaul
Legal Partner
Laura Verrone
Junior Legal Associate
Through the Federal Act on a Secure Electricity Supply from Renewable Energy Sources, the Federal Council is gradually implementing the framework for the energy transition. The Federal Council has set out the details of the new regulations in various ordinances. The first package, which, amongst other things, mandates a nationwide switch to smart meters, came into force on 1 January 2025 following a consultation process in spring 2024 and marked the start of practical implementation.
Building on this, on 19 February 2025 the Federal Council adopted the second package of ordinances implementing the Federal Act on a Secure Electricity Supply from Renewable Energy Sources. It sets out further key points in detail, including regulations on local electricity communities and minimum remuneration, and came into force on 1 January 2026. The phased entry into force of the legislative amendments and the ordinances is intended to give the electricity sector sufficient time to implement certain measures.
What is a smart meter?
A smart meter is an intelligent electricity meter. Unlike conventional electricity meters, a smart meter records not only the energy consumed but also the time of consumption (Art. 17abis para. 1 StromVG). The measurement data is read remotely and automatically transmitted to the network operator.
Are end consumers obliged to tolerate the use of a smart meter?
End consumers are, in principle, obliged to tolerate the installation and operation of smart metering systems. Their consent is not required. According to a ruling by the Federal Administrative Court (decision of the Federal Administrative Court of 20 June 2025, A-484/2024; A-503/2024, para. 4.2.2), Art. 8asexies para. 7 StromVV (now Art. 8ater para. 2 StromVV) does not grant end consumers the right to opt out of smart metering systems. The provision merely allows network operators to charge additional costs resulting from a refusal (e.g. for meter reading or data processing) on an individual basis, in order to increase acceptance of smart metering systems through financial incentives.
What is the difference between smart metering systems and smart control and regulation systems?
Intelligent control and regulation systems (Art. 17b StromVG) must be distinguished from smart meters. These are devices that can be used to remotely influence the consumption, generation or storage of electricity, specifically to optimise self-consumption or to ensure stable grid operation. Unlike smart metering systems, the use of smart control and regulation systems by end users requires the consent of those concerned (Art. 17b para. 3 StromVG). Their explicit, active consent (‘opt-in model’) is required (decision of the Federal Administrative Court of 26 July 2022, A-2372/2021, para. 6.4.3).
What data is stored by a smart meter?
The use of a smart meter inevitably raises the question of what data is collected and stored in the process. The electronic electricity meter of a smart meter records active and reactive energy and determines load profiles at 15-minute intervals, storing these for at least 60 days. It also features interfaces and records and logs interruptions to the electricity supply (Art. 8adecies para. 1 let. a nos. 1-4 StromVV).
Of particular relevance to end consumers here is the storage of so-called load profile data. A load profile in electricity consumption is a time-series record of electricity consumption at fixed 15-minute intervals. The 15-minute values of a load profile represent the average electricity consumption within that interval. Accordingly, load profile data is stored in the smart meter at quarter-hourly intervals (see Art. 8adecies para. 1 let. a nos. 2 and 3 StromVV).
For what purposes may the data be used?
In this context, it should be noted that the Federal Administrative Court, in its aforementioned decision, also held that the decisive factor in assessing whether profiling within the meaning of data protection law is taking place is whether the personal data is used to evaluate certain personal aspects within the meaning of Art. 5 let. f of the Data Protection Act. The automatic collection of data without linking it or subjecting it to further analysis does not fulfil this requirement and therefore does not constitute profiling (decision of the Federal Administrative Court of 20 June 2025, A-484/2024; A-503/2024, para. 6.6.2).
What are the requirements for data security?
Only smart metering systems may be used whose components have been successfully tested to ensure data security (Art. 8b para. 1 StromVV). The testing is carried out by the Federal Institute of Metrology (METAS) or by third parties commissioned by it (Art. 8b para. 3 StromVV).
Pursuant to Art. 8b para. 2 StromVV and based on the study ‘Security Needs Analysis for Smart Metering in Switzerland’ by the Swiss Federal Office of Energy (SFOE) from June 2016, the Association of Swiss Electricity Companies (VSE) adopted guidelines for the data security of smart metering systems in October 2018. These guidelines specify the elements to be tested, the requirements for these elements, and the manner in which the testing is to be carried out.
What is the national data platform in the electricity sector?
The national data platform (“Data Hub”) in the electricity sector is intended to serve as a hub for energy industry data and ensure a secure, high-performance and efficient exchange between electricity supply companies, balance groups, the national grid company and end consumers. This involves measurement data on production, feed-in and consumption, as well as master data. End consumers will be provided with a standardised digital data portal, enabling them to make their data available to independent energy service providers and to benefit from new digital services, for example to reduce energy consumption.
Conclusion
As digitalisation progresses, smart metering systems will continue to increase. The Act, the Ordinance and recent case law set out the requirements for the lawful use of smart meters. Smart meters must be distinguished from intelligent control and regulation systems under the Federal Act on a Secure Electricity Supply from Renewable Energy Sources, the use of which requires the consent of those affected. Smart meters must also be distinguished from other types of meters, such as wireless water meters, for which there is no specific legal basis regarding data processing. Their lawful use must be assessed on a case-by-case basis. For example, in a 2021 ruling concerning wireless water meters, the Federal Supreme Court decided that their excessive use was disproportionate (decision of the Federal Supreme Court, BGE 147 I 346).
