Switzerland’s Methodical Approach to Regulating Artificial Intelligence
Switzerland’s strategy for regulating artificial intelligence (AI) has experienced delays, widening the gap between the Alpine nation and others that have rapidly implemented legislation or announced strategic plans to harness the digital revolution.
The Conundrum of AI Regulation
Lawmakers globally grapple with the challenge of regulating AI. This groundbreaking technology is recognized for its potential to transform economies and societies positively. However, there are significant risks; if misused, AI can generate false information and exacerbate discrimination. The key challenge lies in maximizing the benefits of AI while minimizing its harmful impacts.
Initial Guidelines and Delays
The Federal Office of Communications (OFCOM) has been assigned the task of drafting initial guidelines for AI regulation in Switzerland. Although these recommendations were due by the end of 2024, they have been postponed by a month due to the need for thorough reviews by other government departments.
Fifteen experts, including two specialized lawyers, have compiled three comprehensive reports on this complex topic, totaling several hundred pages. These reports are expected to be publicly released soon.
Next Steps in Regulation
The upcoming regulatory steps will require several months to finalize. Initially, the government will assess the recommendations from OFCOM to determine the desired regulatory framework for AI. This assessment will then proceed to parliament for discussion, followed by public consultations involving industry stakeholders, civil society, and other interested parties.
International Context and Comparisons
While Switzerland delays, other nations are advancing their AI regulations. The European Union enacted an AI Act last summer, and the UK introduced a comprehensive AI strategy in January 2025. The pace of Swiss regulation must contend with differing societal perspectives on AI.
The NGO AlgorithmWatch Switzerland has urged lawmakers to prioritize addressing the harmful aspects of AI. They pose critical questions regarding the type of AI desired and how to ensure it serves the broader interests of society without perpetuating existing injustices.
Business Concerns and Regulatory Options
Business groups express concerns about being burdened with EU-style regulations. There is a call from some Swiss politicians to pivot the conversation toward fostering innovation in AI and digitalization, rather than solely focusing on regulation.
Three potential paths for Swiss AI regulation emerge:
- Adopting EU-style legislation that tackles specific threats posed by AI and introduces new legal frameworks.
- Updating existing laws, such as the data protection act, to reflect changes brought by AI, similar to Switzerland’s approach to integrating cryptocurrencies in 2021.
- Following the innovation-first approach of the US and UK, which emphasizes growth and innovation without heavy-handed legislation.
Balancing Innovation and Safety
Switzerland’s regulatory decisions are influenced by its close economic ties to the EU, with over half of its exports directed to EU countries. Legal experts suggest that while Switzerland cannot ignore EU regulations, it does not necessarily need to adopt them in their entirety. The focus should be on striking a balance between innovation and safety, ensuring individual rights are preserved.
By the end of January, the Swiss public and lawmakers will gain clearer insights into the preferred regulatory path for AI in Switzerland.
