AI Regulation in Switzerland: Current Overview
Switzerland is at a pivotal point in its approach to regulating Artificial Intelligence (AI). With the National AI Strategy outlining intentions to finalize an AI regulatory proposal by 2025, understanding the current landscape is essential.
Current Legal Framework
As it stands, there are no specific laws or regulations in Switzerland that directly govern AI. Instead, the existing Swiss legal framework applies to AI technologies. On February 12, 2025, the Federal Council ratified the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law, which formalizes Switzerland’s regulatory direction for AI.
This decision indicates that Switzerland will not implement a broad, cross-sector AI regulation akin to the comprehensive EU AI Act. Instead, a plural approach is adopted, involving sector-specific amendments to current laws and non-binding measures.
Recent Developments
On March 27, 2025, Switzerland signed the AI Convention, although its ratification remains pending parliamentary approval. If requested by at least 50,000 voters, a referendum could delay or even halt its implementation. Until this convention is enacted, AI will continue to operate under existing laws, including those regarding data protection and liability.
Status of AI Regulations
In November 2023, the Federal Department of the Environment, Transport, Energy and Communications (DETEC) along with the Federal Department of Foreign Affairs (FDFA) were tasked with evaluating AI regulation approaches. The resulting report, presented to the Federal Council in February 2025, outlines a Swiss regulatory strategy focused on three main objectives:
- Strengthening Switzerland’s innovation landscape
- Safeguarding fundamental rights, including economic freedom
- Boosting public trust in AI technologies
In the next steps, the Swiss Federal Department of Justice and Police (FDJP) will collaborate with other departments to draft legislation that aligns Swiss law with the AI Convention. This draft is expected by the end of 2026, addressing key areas such as transparency, data protection, non-discrimination, and oversight to protect fundamental rights.
Existing Laws Affecting AI
While AI lacks direct regulation, various laws indirectly influence its development and usage:
- Revised Data Protection Act: Enforced since September 1, 2023, this act includes provisions for automated decision-making related to personal data.
- Intellectual Property Laws: These laws, particularly the Copyright and Patents Acts, raise questions about the protection of AI-generated content and the legality of training AI models.
- Civil Law: Swiss Civil Code and Product Liability Act require modernization to address technological advancements, including those in AI.
- Non-discrimination Laws: Existing laws like the Gender Equality Act face challenges due to AI’s potential biases.
- Criminal Code: Swiss law offers mechanisms to handle AI-related criminal activities.
- Human Rights Legislation: The Federal Constitution and European Convention on Human Rights form a basis for ethical AI practices.
Moreover, the Swiss authorities have issued various guidelines. For instance, the Federal Council has released “Guidelines on Artificial Intelligence for the Confederation,” while the Swiss Federal Data Protection and Information Commissioner (FDPIC) has issued recommendations for AI-related data processing.
Defining AI in Switzerland
Currently, Swiss law lacks a formal definition for AI. The term “AI system” is borrowed from Article 2 of the AI Convention, described as:
“A machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that may influence physical or virtual environments.”
This definition is also recognized by Switzerland’s Competence Network for Artificial Intelligence (CNAI), established to promote concrete AI projects within the federal administration.
Future Directions
The path forward for AI regulation in Switzerland remains uncertain, particularly in terms of territorial and sectoral scopes. While overarching guidelines promote responsible AI use, the exact legislative amendments required for comprehensive regulation are forthcoming.
As Switzerland navigates this complex landscape, the balance between fostering innovation and ensuring ethical standards will be crucial. The upcoming developments will undoubtedly shape the future of AI regulation in the country.
