The Swiss Federal Council has decided not to introduce a Swiss equivalent of the EU AI Act, but to amend Swiss law where necessary and as sector-specific as possible.
What's New?
Ratification of the Council of Europe's Convention on AI: On 12 February 2025, the Swiss Federal Council committed to ratifying the Convention on AI and amending Swiss law where necessary. As an international treaty, the Convention is not self-executing, meaning it is not directly binding for private parties and does not establish private legal claims. Amendments to Swiss law will be necessary, for example, for transparency obligations or risk and impact assessments of AI systems.
Key Objectives: The Federal Council's regulatory approach aims at
- Reinforcing Switzerland as an Innovation Hub: Balancing regulatory certainty with adaptability to foster responsible AI innovation.
- Safeguarding Fundamental Rights: Ensuring AI applications respect fundamental individual rights, particularly in data protection.
- Increasing Public Trust in AI: Promoting transparency and accountability to bolster public confidence in AI technologies.
What's Next?
Legislative Action: By the end of 2026, the Swiss Federal Department of Justice will prepare a proposal to incorporate the Convention on AI into Swiss law, focusing on critical areas like transparency, data protection, non-discrimination, and supervision.
Sector-Specific Amendments: Necessary amendments to Swiss law will be tailored to specific industries, like healthcare and transport, with broader, cross-sector rules limited to critical areas like data protection.
Non-Legally Binding Measures: In parallel, an implementation plan will be developed for additional measures, such as self-declaration agreements and industry-led solutions, to provide businesses with flexibility while ensuring responsible AI deployment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
