Artificial Intelligence law at Switzerland
Switzerland is adopting a distinctive approach to artificial intelligence (AI) regulation, focusing on sector-specific adaptations rather than implementing a comprehensive national AI law. This strategy aims to foster innovation while safeguarding fundamental rights and aligning with international standards.(Homburger - Home)
🇨🇠Switzerland’s Regulatory Approach to AI
In February 2025, the Swiss Federal Council announced its decision to regulate AI through targeted amendments to existing laws, rather than enacting a broad, cross-sector AI Act akin to the European Union's AI Act. This approach is designed to:(Homburger - Home)
Promote Innovation: Maintain Switzerland's position as a hub for AI development.
Protect Fundamental Rights: Ensure AI systems uphold human rights, democracy, and the rule of law.
Enhance Public Trust: Establish clear and transparent AI governance.(Homburger - Home, CADE)
The Federal Council's strategy includes:(Startseite)
Incorporating the Council of Europe’s AI Convention: Switzerland signed this treaty on March 27, 2025, committing to uphold human rights and democratic principles in AI deployment.
Sector-Specific Legislative Adjustments: Modifying existing laws in areas such as data protection, transparency, and accountability to align with the AI Convention.
Non-Binding Measures: Developing industry-specific guidelines and self-certification schemes to complement legal requirements.(CADE)
A draft bill to implement these changes is expected to be available for public consultation by the end of 2026. (Lenz & Staehelin)
🧠Alignment with International Standards
While Switzerland is not adopting the EU AI Act, it is aligning its regulatory approach with international frameworks:
Compatibility with the EU AI Act: The Swiss Federal Council aims to ensure that its AI regulations are compatible with the EU AI Act, considering its extraterritorial effects on Swiss entities engaging with the EU market.
Active Participation in Global Discussions: Switzerland has been actively involved in shaping global AI governance, including its role in the Council of Europe’s AI Convention. (Deloitte United States, Lenz & Staehelin)
🏛️ Current Legal Landscape
As of now, Switzerland does not have specific laws dedicated solely to AI. AI applications are governed by existing, technology-neutral laws:
Data Protection: The Federal Act on Data Protection (FADP) regulates the processing of personal data, which is crucial for AI systems handling such information.
Sector-Specific Regulations: Fields like healthcare and transportation have their own regulations that may pertain to AI applications.
Financial Oversight: The Swiss Financial Market Supervisory Authority (FINMA) provides guidelines that may indirectly affect AI use in the financial sector. (Lenz & Staehelin, Home | White & Case LLP)
The forthcoming legislative amendments are expected to address areas such as:
Transparency: Ensuring that AI systems are explainable and auditable.
Risk and Impact Assessments: Evaluating the potential effects of AI systems on fundamental rights.
Supervisory Mechanisms: Establishing oversight bodies to enforce compliance with AI regulations. (Homburger - Home, Lenz & Staehelin)
🔍 Summary
Switzerland is adopting a pragmatic and flexible approach to AI regulation, emphasizing sector-specific adaptations and alignment with international standards. By integrating the Council of Europe’s AI Convention into its legal framework and maintaining compatibility with the EU AI Act, Switzerland aims to foster innovation while ensuring that AI systems respect fundamental rights and democratic principles.(Home | White & Case LLP, Homburger - Home)
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