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AI Regulation – Spotlight on Switzerland!

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AI has developed rapidly in recent years. While AI offers great opportunities, 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.

In November 2023, the Federal Council 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 – together with the baseline analyses – was presented to the Federal Council today, 12 February 2025; it is available to download (in English language) here. The Federal Council also published its underlying documents, namely (1) the legal baseline analysis which examines the requirements of the Council of Europe’s AI Convention and the EU’s AI Act, as well as their impact on Switzerland, and analyses selected areas of Swiss legislation,  (2) the sectoral analysis, which provides an overview of existing and planned changes to federal law in various sectors in relation to AI, and (3) a country analysis, which presents the regulatory developments in relation to AI in 20 selected countries.

In a nutshell, Switzerland plans to adopt the Council of Europe Convention on AI and make necessary changes to its laws. The Federal Council aims to regulate AI to boost innovation while minimizing societal risks. They intend to achieve this by:

  • Integrating the Council of Europe’s AI Convention into Swiss law. It will apply primarily to state actors.
  • Making legislative changes that are as sector-specific as possible. Only key areas relevant to fundamental rights, such as data protection, will be subject to general, cross-sectoral regulation.
  • Developing non-binding measures to help implement the Convention. Measures may include self-disclosure agreements or industry solutions.

The regulation of AI will be based on three objectives: reinforcing Switzerland as a centre of innovation, safeguarding fundamental rights (including economic freedom), and increasing public trust in AI. 

By the end of 2026, a draft bill will be prepared to implement the AI Convention, focusing on transparency, data protection, non-discrimination, and supervision.

An implementation plan for other measures will also be developed, ensuring compatibility with Switzerland’s main trading partners. Internal and external stakeholders will be involved in this process. The goal of this interplay between legal frameworks and non-binding measures is to create a robust legal framework while considering the rapid evolution and potential of AI.

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Alessandro Celli’s broad experience includes technology-related transaction work, intellectual property and competition law, IT, data protection and cyber risk, commercial litigation, sports and entertainment law. Alessandro regularly advises Swiss and international clients on technology-related national and cross-border transactions (JVs, licences, distribution, sale and purchase of technology or related businesses and brands).

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Johanna Moesch is an associate in the Firm’s Intellectual Property Practice Group in Zurich. Prior to joining Baker McKenzie she worked as an associate and senior associate in a major Zurich law firm and prior thereto as a law clerk in a Swiss district court. She was also a tutor and student research assistant at the University of Basel in the fields of public and private law. Johanna obtained a LL.M. degree from the Tsinghua University (Beijing). She is a member of the International Association of Privacy Professionals (IAPP) and since January 2021 a Certified Information Privacy Professional/Europe (CIPP/E).

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Nadine Charrière is an Associate in the Firm’s Intellectual Property and Technology Practice Group in Zurich. Nadine holds a Master degree in Law and Economics as well as International Management. She gained practical experience in both the legal and business field in Switzerland, Germany, Belgium and Japan before she joined the Firm in 2019. She is a member of the International Association of Privacy Professionals (IAPP) and since October 2021 a Certified Information Privacy Professional/Europe (CIPP/E).

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Julia is a partner in Baker McKenzie's IP and Technology team. She is specialized in IP transactional matters with a particular focus on the healthcare industry.

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Meera Rolaz is an associate at Baker McKenzie's Antitrust, EU & Trade Law and Compliance & Investigations Practice Groups in Zurich. She is also part of the Data & Technology team.

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Eva-Maria Strobel is a partner in Baker McKenzie's Zurich office. She is a member in the Firm's global IPTech Practice Group, chairs the EMEA IPTech Practice Group and heads the Swiss IPTech team. focuses on the development of intellectual property strategies to procure, protect and commercialize her domestic and multinational client's intangible assets and to grow the return on investment.

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