Switzerland's National AI Strategy sets out guidelines for the use of AI, and aims to finalize an AI regulatory proposal in 2025.
Insight
|11 min read
Laws/Regulations directly regulating AI (the “AI Regulations”)
There are no specific laws, statutory rules, or regulations in Switzerland that directly regulate AI.1 At present, AI in Switzerland is subject to the Swiss legal framework. On February 12, 2025, the Federal Council decided to ratify and implement the Council of Europe's Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law ("AI Convention" – see dedicated chapter here). This decision formalized the direction of travel as regards Switzerland's regulatory approach for AI.2
- This decision makes it clear that Switzerland shall not adopt a far-reaching, cross-sector AI regulation, equivalent to the comprehensive EU AI Act. For example, it will not be implementing a "Swiss AI Act".
- Rather, Switzerland has opted for a plural approach, involving sector-specific amendments to existing laws where required, as well as non-binding measures.
On March 27, 2025, the AI Convention was signed by Switzerland.3 Its ratification is subject to parliamentary approval. It may be subject to a referendum, if requested by 50,000 voters, which would delay the implementation of the AI Convention or could also even prevent its ratification.4 Until the AI Convention is implemented, AI in Switzerland remains subject to the present legal framework, which includes the Constitution, the laws governing data protection, as well the rules of civil and criminal liability.5
Status of the AI Regulations
As mentioned above, there are currently no specific laws or regulations in Switzerland that directly regulate AI. In November 2023, the Federal Department of the Environment, Transport, Energy and Communications (DETEC) and the Federal Department of Foreign Affairs (FDFA) were commissioned by the Federal Council to evaluate potential approaches to the regulation of AI. On February 12, 2025, a report entitled "Overview of artificial intelligence regulation" (the "Report") was presented to the Federal Council. Based on this Report, the Federal Council decided in early 2025 on a Swiss regulatory approach for AI, with three objectives: (i) strengthening Switzerland as a location for innovation; (ii) safeguarding the protection of fundamental rights, including economic freedom; and (iii) increasing public trust in AI.6
On March 27, 2025, Switzerland signed (but has not yet ratified) the AI Convention.7 Thus, at this stage, the AI Convention is not part of Swiss law.
As next steps, the Swiss Federal Department of Justice and Police (FDJP), together with the DETEC and the FDFA, have been tasked by the Federal Council with drafting a bill that will implement the amendments to Swiss law required by the AI Convention. This draft bill is expected to be submitted for consultation by the end of 2026. The bill is expected to set out the required legislative amendments in key areas such as transparency, data protection, non-discrimination, and oversight to protect fundamental rights.
In addition, the DETEC, the FDJP, and the Federal Department of Economic Affairs, Education and Research (EAER) have been tasked with drawing up non-legally binding measures by the end of 2026.8 At the time of writing, Switzerland has not issued any guidance on the nature of such measures.
Other laws affecting AI
Even if AI is not directly regulated in Switzerland, various laws impact the development and use of AI in Switzerland. A non-exhaustive list includes:
- The revised Data Protection Act, which entered into force on September 1, 2023, and includes provisions on automated decision-making in relation to personal data.9 The principles of the Data Protection Act also apply to the use of AI. The Report considers that for the time being, the provisions of the Data Protection Act are sufficient.
- Intellectual property laws that may affect several aspects of AI development and use (particularly the Copyright Act and Patents Act). The Report considers that there are several issues that may require the implementation of new legislation. For example, whether AI-generated content is protected by copyright, and whether or not the training of AI models is subject to it.
- Civil law (such as the Swiss Civil Code or the Code of Obligations or the Product Liability Act). For example, the Report considers that there is a general need for modernization of the Product Liability Act, due to the technological developments of products, including in connection with AI.
- Non-discrimination laws (such as the Gender Equality Act and Disability Discrimination Act). The Report considers that AI poses several challenges in terms of non-discrimination and deems it necessary to legislate on certain aspects, for example, of labor law.
- Swiss Criminal Code. The Report considers that Swiss criminal law offers an appropriate instrument for dealing with the use of AI systems by one or more criminals, particularly in the case of intentional offences.
- General human rights legislation such as the Federal Constitution and the European Convention on Human Rights.
In addition, authorities have released various pieces of guidance. For example:
- "Guidelines on Artificial Intelligence for the Confederation" from the Federal Council.10
- Recommendations from the Swiss Federal Data Protection and Information Commissioner (FDPIC) about data processing in relation to AI.11
- "Governance and risk management when using artificial intelligence" from the Swiss Financial Market Supervisory Authority (FINMA).12
The Swiss Bankers Association, which publishes guidelines and standards for the banking and financial industry in Switzerland, has indicated that it welcomes the Federal Council's AI strategy commitment to maintaining a technology-neutral, sector-specific regulatory approach.13
The Federal Council's "Digital Switzerland Strategy 2025",14 sets the guidelines for the Federal Administration's digital transformation and is binding for the Federal Administration.15 It may serve as an orientation for cantons, communes, business, science and civil society.
Definition of “AI”
As it currently stands, Swiss law does not provide any definition of AI.
The Report uses the definition of "AI system" provided in Article 2 of the Council of Europe's AI Convention:16
"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. Different artificial intelligence systems vary in their levels of autonomy and adaptiveness after deployment."17
This definition is also used in Switzerland's Competence Network for Artificial Intelligence (CNAI), which was set up by the Swiss Federal Council in 2022 to implement concrete AI projects within the Federal Administration.18
Territorial scope
There are currently no specific laws or regulations in Switzerland that directly regulate AI. Thus, there is no specific territorial scope at this stage.
To date, Switzerland's incorporation of the AI Convention and eventual modifications of laws is yet to be determined. As a general comment, it should be noted that existing laws, such as the Data Protection Act, may apply extraterritorially under conflict-of-laws rules.
Sectoral scope
There are currently no specific laws or regulations in Switzerland that directly regulate AI. Thus, there is no specific sectoral scope at this stage. However:
- The Federal Council has established overarching guidelines to promote responsible use of AI within federal departments, agencies, and external partners tasked with governmental functions.19
- The FDPIC has expressed recommendations about data processing with respect to AI, as mentioned above, on the basis that the Data Protection Act applies to all types of technology, including to the use of AI-supported data processing.
- FINMA's recent guidance "Governance and risk management when using artificial intelligence" emphasizes that the use of AI by financial institutions creates multiple risks e.g., operational risks, model risks, IT and cyber risks, as well as legal and reputational risks.20
- The Federal Roads Office may grant exceptional authorizations for the testing of autonomous vehicles on public roads based on the Road Traffic Act.21
- The Federal Office of Civil Aviation may grant authorizations for autonomous drone operations.22
The use of AI in medical devices is likely to fall under certain provisions of the Therapeutic Products Act, the Medical Devices Ordinance and related ordinances.23
Compliance roles
There are currently no specific laws or regulations in Switzerland that directly regulate AI. Accordingly, there are no specific or unique obligations imposed on developers, users, operators and/or deployers of AI systems.
There are, however, general requirements for governance in companies, in particular stock and listed companies, which continue to apply in relation to AI, and are likely to increase.
Core issues that the AI Regulations seek to address
There are currently no specific laws or regulations in Switzerland that directly regulate AI.
As mentioned in the Report, AI systems must be trustworthy, reliable and robust, and appropriate transparency, traceability and explainability of processes and decisions that use AI must be guaranteed.24
Risk categorization
As noted above, there are currently no specific laws or regulations in Switzerland that directly regulate AI. As such, there is currently no risk categorization for AI systems.
Key compliance requirements
There are currently no specific laws or regulations in Switzerland that directly regulate AI. However, the existing legal framework must be observed.
Regulators
As mentioned above, the Federal Council has instructed the FDJP together with the DETEC and FDFA to draft by the end of 2026 a bill outlining the amendments to existing laws required for the implementation of the AI Convention.25
Certain authorities have supervisory and/or regulatory powers under existing laws that do not directly regulate AI but apply to the use of AI in regulated sectors. For example:
- The Swiss Federal Council has set up the interdepartmental Competence Network for Artificial Intelligence as a central point of contact for AI within the Federal Administration.26
- The FDPIC, as mentioned above, supervises the application of federal data protection regulations.27 In this capacity, the FDPIC also supervises data protection in the context of AI.28
- The FINMA, as explained above, intends to prepare Swiss financial institutions for the rapid development of AI and help them adopt a sustainable approach to related risks
- The Swiss Federal Institute of Intellectual Property has set up a project group to examine questions relating to the impact of AI on intellectual property law and has started a joint project with the University of Zurich dedicated to AI and intellectual property.30
- The Federal Roads Office is assessing the consequences and impacts of automated driving on regulations.31
- The Canton of Zurich has set up the Innovation Sandbox for AI as a test environment for the implementation of AI projects with collaboration on regulatory issues.32
Enforcement powers and penalties
There are currently no specific laws or regulations in Switzerland that directly regulate AI. As noted above, Switzerland's concrete implementation of the AI Convention is still to be determined. Thus, it is currently unclear what enforcement powers the relevant authority will have or what penalties it may impose upon breaches.
Currently, AI is governed by "traditional" laws. The regulators may have enforcement powers in relation to breaches of these laws. For example:
- The FDPIC may issue binding orders to modify, suspend or discontinue data processing, or to delete personal data, but has no power to impose penalties.
- Some data protection violations may also be subject to criminal prosecution.
- Under financial market legislation, FINMA is equipped with a broad set of enforcement tools to ensure compliance. These include ordering corrective measures, issuing cease-and-desist orders, imposing industry and activity bans, demanding the disgorgement of profits, withdrawing authorizations, and liquidating supervised institutions.
Sebastien Bedat (White & Case, Legal Intern, Geneva) contributed to the development of this publication.
1 See the Federal Office of Communications' "Overview and Switzerland's regulatory approach" here.
2 See "AI regulation: Federal Council to ratify Council of Europe Convention" here.
3 See "Switzerland Signs the Council of Europe's Global Treaty on AI" here;
4 See article 141 para. 1 lit. no. 3 of the Federal Constitution here.
5 See DETEC's "Overview of artificial intelligence regulation Report to the Federal Council" here.
6 See "Overview and Switzerland's regulatory approach" here.
7 See "Switzerland Signs the Council of Europe's Global Treaty on AI" here.
8 See "AI regulation: Federal Council to ratify Council of Europe Convention" here.
9 See Article 21, Federal Act on Data Protection here.
10 See the Federal Council's "Guidelines on Artificial Intelligence for the Confederation General frame of reference on the use of artificial intelligence within the Federal Administration" here.
11 See the FDPIC's "Current data protection is directly applicable to AI" here.
12 See FINMA's 08/2024 Guidance Note "Governance and risk management when using artificial intelligence" here.
13 See the Swiss Bankers Association's Press Release "Federal Council decides on regulatory approach to AI in Switzerland" here.
14 See "Digital Switzerland Strategy 2025" here.
15 See article 1 (a) and (c), Ordinance on digital services and digital transformation in the Federal Administration (French) here.
16 See DETEC's "Overview of artificial intelligence regulation Report to the Federal Council", page 6, here.
17 See the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, here.
18 See DETEC's "Overview of artificial intelligence regulation Report to the Federal Council", here.
19 See the Federal Council's "Guidelines on Artificial Intelligence for the Confederation General frame of reference on the use of artificial intelligence within the Federal Administration" here.
20 See FINMA's 08/2024 Guidance Note "Governance and risk management when using artificial intelligence", page 3, here.
21 See the Federal Road Traffic Act (in French) here.
22 See the Federal Office of Civil Aviation's "Questions and Answers on the drone regulation", here.
23 See article 62a of the Therapeutics Products Act, accessible here; Article 79 of the Medical Devices Ordinance, accessible here.
24 See DETEC's "Overview of artificial intelligence regulation Report to the Federal Council", page 19, here.
25 See "AI regulation: Federal Council to ratify Council of Europe Convention" here; Press release of the Federal Council, "Switzerland signs Council of Europe Convention on Artificial Intelligence" dated 26 March 2025, accessible here.
26 See the Competence Network for Artificial Intelligence here.
27 See the Federal Act on Data Protection, article 4, here.
28 See "Current data protection legislation is directly applicable" here.
29 FINMA Guidance 08/2024 Guidance Note "Governance and risk management when using artificial intelligence", dated 18 December 2024, accessible here, page 4, third and fourth paragraphs, page 7, last paragraph.
30 See the Swiss Federal Institute of Intellectual Property's "Robotics and artificial intelligence (AI)" here.
31 See the Federal Roads Office (FEDRO) "Intelligent mobility" here.
32 See the Zurich Office for Economy's, "Innovation Sandbox for Artificial Intelligence (AI)" here.
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