The federal or cantonal authority dealing with a request for mutual assistance may order the transmission of electronic communications traffic data to another State before conclusion of the mutual assistance proceedings if:
a. provisional measures indicate that the communication that is the subject of the request originated abroad; or
b. the data was acquired by the executing authority based on an order for authorised real-time surveillance (Art. 269–281 CrimPC).
The data may not be used in evidence before the ruling on granting and the extent of mutual assistance is legally binding.
Notice of the ruling under paragraph 1 and any order or authorisation for surveillance must be given to the Federal Office immediately.