Artificial intelligence (AI) has developed rapidly in recent years. With the broad availability of generative AI applications such as ChatGPT, the topic of AI has also entered the public debate. For Switzerland as a business and innovation location, AI offers great opportunities. At the same time, new legal challenges arise, for example regarding the transparency and traceability of AI-based decisions.
In response to these challenges, new legal frameworks such as the Council of Europe's AI Convention and the EU's AI Act have been developed.
In Switzerland, there is currently no specific legislation on AI. Against this background, the question arises as to whether and how the regulatory framework for the development and use of AI in Switzerland should be adapted and future-proofed.
On 22 November 2023, the Federal Council therefore commissioned the Federal Department of the Environment, Transport, Energy and Communications (DETEC) and the Federal Department of Foreign Affairs (FDFA) to prepare an overview of possible regulatory approaches to AI. This overview (PDF, 669 kB, 11.02.2025) was presented to the Federal Council on 12 February 2025.
On the basis of this overview, the Federal Council has decided on a Swiss regulatory approach for AI. This should be based on three objectives: strengthening Switzerland as a location for innovation, safeguarding the protection of fundamental rights, including economic freedom, and increasing public trust in AI.
To achieve these goals, the Federal Council has set out the following key points:
- The Council of Europe's AI Convention will be incorporated into Swiss law.
- Where legislative amendments are necessary to achieve this goal, these should be sector-specific as far as possible. General, cross-sector regulation is limited to central areas relevant to fundamental rights, such as data protection.
- In addition to legislation, legally non-binding measures are also being developed to implement the convention. These may include self-declaration agreements or industry solutions.
Various baseline analyses were carried out to provide a basis for the overview (PDF, 669 kB, 11.02.2025) and the Federal Council's decision:
The FDJP, together with the DETEC and the FDFA, is to prepare a consultation draft by the end of 2026. This will implement the Council of Europe's AI Convention by defining the necessary legal measures, particularly in the areas of transparency, data protection, non-discrimination and supervision.
In addition, DETEC, together with the FDJP, the FDFA and the EAER, will draw up an implementation plan for the other measures not laid down in legislation by the end of 2026. This will also take particular account of the compatibility of the Swiss approach with those of its main trading partners. Internal and external federal government stakeholders will be involved in the work.
The interplay between legally binding and non-binding measures should, on the one hand, ensure a safer legal framework and, on the other, take account of the rapid development and potential of AI.
