IT law in the 2025 autumn session

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In the 2025 autumn session, Parliament will address key IT-related legal issues: international information exchange (salary data, crypto assets), digitisation of administration (e.g. national address service), access to sensitive databases and digital pension solutions. This will be supplemented by motions on children’s rights, transparency and digital sovereignty. These matters show how digitalisation and data protection are being further developed in legal terms.

IT law topics in the National Council:

Federal Council Affair «international automatic exchange of information on salary data. Federal Act»: The Federal Council has adopted the message for a new federal act on the international automatic exchange of information on salary data. The aim is to implement bilateral agreements with Italy and France. New rules on the taxation of cross-border commuters were agreed with Italy in 2020, which will apply from January 2024 and provide for a mutual exchange of information. An agreement on teleworking was signed with France in 2023, which also provides for the automatic exchange of relevant salary data. The law regulates, in particular, the flow of information between the cantonal tax authorities and the Federal Tax Administration. The bill was received positively by the majority during the consultation process, with adjustments being made, for example, to the electronic transmission obligation for employers. In the detailed consultation, the majority of the EATC-N (Economic Affairs and Taxation Committee of the National Council) followed the Federal Council’s bill but opposed criminal liability for negligence. The matter is now before the National Council.
Federal Council Affair ‘Approval of the addendum to the Multilateral Competent Authority Agreement on Automatic Exchange of Information (AEOI) for Financial Accounts and the Multilateral Competent Authority Agreement on AEOI under the Reporting Framework for Crypto-assets, and amendment of the Federal Act on International Automatic Exchange of Information in Tax Matters (AIAG)’: The Federal Council has adopted a message on the extension of the international automatic exchange of information (AEOI). This includes the implementation of the new OECD reporting framework for crypto assets (MRK) and the updating of the standard for the AEOI on financial accounts (GMS). The aim is to close gaps in the tax transparency system and ensure that crypto assets are treated in the same way as traditional assets. The bill also aims to facilitate the admission of new AEOI partner countries. The Council of States (Ständerat) approved the bill, but deleted the provisions on criminal liability for negligent breach of duties. The Federal Council proposes to exchange information on crypto assets from 2027 onwards with 74 countries, including all EU countries, the United Kingdom and most G20 countries, but not the United States, China and Saudi Arabia. The EATC-N proposes to enter into the bill and follow the decisions of the Council of States. A minority rejects the proposal, as it is critical of the dynamic adoption of international standards. In addition, the majority of the committee voted in favor of the provisional application of the corresponding amendments to the AEOI as of 1 January 2026, so that the international timetable for the implementation of the AEOI can be met.
Motion «HOOGAN data matching when selling tickets for sporting events »: The motion calls for a revision of Article 24a of the Federal Act on Measures to Safeguard Internal Security (BWIS) in order to give the federal government the authority to make HOOGAN data available to ticket vendors. The aim is to enable ticket vendors to check the HOOGAN database and to refuse ticket sales to individuals associated with registered incidents. At the same time, the Conference of Cantonal Justice and Police Directors (KKJPD) has decided to revise the Hooligan Concordat in order to introduce personalized tickets, even against the wishes of the clubs. This should ensure that persons registered in the HOOGAN database cannot enter stadiums. The KKJPD is working with the KKPKS on the amendments to the Hooligan Concordat, but requires an amendment to the federal law, as the HOOGAN data can currently only be passed on to event organizers, but not to ticket outlets. The revision should create the legal basis to enable the data to be checked when tickets are purchased. The National Council will discuss the motion in the autumn session.
Federal Council Affair «Federal law on the national system for querying the addresses of natural persons (Address Services Act, ADG).»: The Federal Council wants to simplify address management and create a National Address Service (NAS) for this purpose. The NAS is intended to enable certain administrative offices and third parties with a legal mandate to query the address data of the resident population throughout Switzerland. The Federal Statistical Office (FSO) would provide the NAS with the address-relevant parts of the personal data that would be supplied to the FSO on a quarterly basis from the communal and cantonal population registers as part of the Register Harmonization Act (RHG). Access to the NAS should be restricted to appropriate purposes in order to comply with data protection. Users should only be allowed to access the data within the scope of fulfilling their defined legal mandate. The FSO should grant access authorizations and monitor compliance with the terms of use. In the Council of States, the 2023 bill was adopted with an amendment that also exempts cantons from fees. The National Council, on the other hand, rejected the 2024 draft for revision, as concerns were expressed regarding its constitutionality and benefits for citizens. Supporters argue that the NAS reduces administrative work and plays an important role in the digitalization of the administration in particular. The National Council rejected the bill in winter 2024 (partly due to constitutional concerns), but the Council of States rejected their rejection in autumn 2024. On 13 March 2025, the National Council took up the matter and referred it to the SPK-N for detailed consultation. In summer 2025, the PIC-N (Political Institutions Committee of the National Council) decided on two amendments (priority of cantonal law in data transfer; exemption from fees), but recommended that the bill be rejected in the overall vote. The matter is currently before the National Council.
Motion «Improving data on the implementation of children’s rights»: The motion calls on the Federal Council to lay the foundations for uniform and comparable data collection on the implementation of children’s rights throughout Switzerland. The aim is to develop statistics on child and youth welfare and child protection that provide information on the protection, development and participation of children. The Federal Council acknowledges existing gaps but points to the responsibility of the cantons and to work already underway to improve the data situation Numerous statistics (including police crime statistics, victim support, adoptions) and studies on specific aspects already exist or are currently being prepared. National harmonization is complex and requires fundamental clarification, particularly with regard to constitutional principles and responsibilities. If the motion is accepted, the Federal Council announces that it will request that it be converted into a review mandate in the second chamber in order to take ongoing clarifications into account. The matter is currently before the Council of States.
Motion «Enable standardized access to personal pension data»: The motion calls for providers of all three pillars of the pension system to enable their policyholders to access their pension data securely and digitally via standardized interfaces. The aim is to create transparency and enable better individual pension planning. The standardization should be specified by the federal government for the first pillar and implemented by private providers for the second and third pillars. If they cannot agree on uniform standards, the Federal Council should intervene on a subsidiary basis. Data protection and long implementation periods should be taken into account. The Federal Council supports the proposal in principle and plans to issue a message on the necessary legal basis for the first pillar in 2025. In the second pillar, 70.2% of beneficiaries already have digital access, with a further 22.5% to follow; around 93% are expected to have access in the foreseeable future. The Federal Council rejects compulsory connection to standardized interfaces in the second pillar due to the cost implications, particularly for small institutions; employers’ associations/institutions agree with this, while trade unions are against opening up for commercial purposes. Digitalization is progressing in the private sector (planned QR code solutions; e-ID/wallets). Digital access is guaranteed in principle in the third pillar. Nevertheless, the Federal Council expects standardized, secure access; if no progress is made, it will instruct the FDHA to examine further measures (including standard interfaces) with the stakeholders.
Federal Council Affair “Regulation (EU) 2022/1190 amending Regulation (EU) 2018/1862 as regards the entry of alerts on third-country nationals in the Schengen Information System (SIS) in the interest of the Union. Adoption and implementation“: The EU Regulation enables Europol to submit proposals to Schengen States for alerts in the SIS on third-country nationals suspected of being involved in terrorism or serious crime. Switzerland is adopting this regulation, which requires a partial revision of the Federal Act on Police Information Systems (BPI). The Federal Council adopted the corresponding dispatch in autumn after the consultation process met with majority approval. The SPC-S (Security Policy Committee of the Council of States) unanimously endorsed the bill and agreed to its early partial application. The SPC-N is requesting the National Council to also approve the decision of the Council of States. Parliament will now debate the legal implementation (in particular the amendment to the Federal Act on Police Information Systems) so that the provisions can enter into force by the end of 2025 at the earliest.
Motion «A strategy against the misuse of our images»: The motion calls on the Federal Council to develop a comprehensive strategy against the misuse of image material, in particular through AI-generated deepfake images and sextortion. It emphasizes the protection of children and young people from extortionate cybercrime and calls for preventive, regulatory and criminal law measures. The Federal Council rejects the motion and points to existing structures for combating cybercrime, including the Federal Office of Police (fedpol), the national cyber strategy and awareness-raising campaigns against sextortion. It sees no need for a separate strategy, as existing measures already comprehensively address cyber violence. The report of the LAC-N (Legal Affairs Committee of the National Council) is now available and the matter will be dealt with in the National Council during the autumn session of 2025.
Motion «Better protection of intellectual property against AI misuse»: The motion calls for the Copyright Act (URG) to be amended so that AI providers cannot use copyrighted works – in particular journalistic content – for training purposes or generative AI offers without the consent of the rights holders. It also seeks to make it clear that AI services cannot invoke copyright exceptions and that Swiss law applies when such content is offered in Switzerland. The Federal Council supports the motion and recognizes the need for better protection of intellectual property against unauthorized access by AI applications. It views the proposed amendments as important for maintaining innovation and fair competition in Switzerland and for protecting the media industry from economic harm. The Federal Council proposes that the motion be accepted.
Postulate ‘ERI Dispatch: Addressing new challenges in international competition for science and technology’: The postulate calls on the Federal Council to outline how Switzerland can better compete internationally in science and technology as part of its preparations for the Dispatch on Education, Research and Innovation (ERI) 2029–2032. Three key areas are to be addressed in depth: knowledge acquisition through research excellence and international programs, knowledge utilization through greater involvement of the private sector, and the promotion of Swiss expertise at international level as a foreign policy tool. The Federal Council notes that these concerns are already being taken into account in ongoing work and strategic planning. For example, the EU program agreement approved in April 2025 enables participation in the Horizon package 2021–2027 and paves the way for association with follow-up programs. In addition, reports on barriers to innovation and the promotion of start-ups have already been commissioned and are to be consolidated. Science diplomacy has also gained importance in foreign policy through defined fields of action. The Federal Council therefore considers the concerns raised in the postulate to have been addressed and proposes that it be rejected.
Parliamentary initiative «Support measures for electronic media»: The parliamentary initiative aims to supplement the Federal Act on Radio and Television (RTVA) with new support measures for electronic media. Financial contributions are planned for institutions providing training and further education in journalism, self-regulatory organizations such as the Swiss Press Council, and news agencies of national importance. The Mediapulse Foundation is also to receive support. The funds will come from a maximum of 1% of radio and television license fees; the contributions may cover a maximum of 80% of the costs. The Council of States approved the bill on 18 June 2025 and also decided to increase the share of license fees for local radio and TV stations from 4–6% to 6–8%. The Federal Council supported the funding but proposed limiting the funding rate to 50% and waiving automatic increases. The TCC-N (Transport and Telecommunications Committee of the National Council) considered the bill and decided on several amendments, including a 50% cap and the removal of the Swiss Broadcasting Corporation’s option to cooperate with agencies. The draft is ready for deliberation in the National Council.

IT law topics in the Council of States:

Interpellation «Consideration of intellectual property protection in future international negotiations»: The interpellation addresses the importance of intellectual property protection in international trade and economic agreements. The starting point is the WTO TRIPS Agreement, which sets basic minimum standards in areas such as copyright, patents and designations of origin. As the WTO is increasingly losing its ability to act, partly due to the diverging interests of its members and the limited commitment of the USA, the focus in free trade negotiations is shifting more towards market access and speed of negotiation, while the protection of intellectual property is taking a back seat. For Switzerland, a country poor in natural resources whose innovative strength is largely based on strong intellectual property rights protection, this raises the question of the Federal Council’s future position on the protection of intellectual property. The interpellation asks for information on how the Federal Council assesses the protection of intellectual property at the multilateral level, particularly in the WTO, whether it will continue to advocate for strong protection in bilateral agreements, and what significance the WTO pandemic agreement of May 2025 will have for Switzerland. The matter will be discussed in the Council of States during the 2025 autumn session.
Interpellation «The changing labour market. Research initiative for an ageing and digitised working society to secure prosperity and competitiveness»: The interpellation addresses the simultaneous challenges of digitalization and demographic change in the Swiss labor market. From 2030 onwards, around one third of the working population will be aged 55 or over, raising questions about securing skilled workers, the stability of social security systems and adaptation to new digital forms of work. The Federal Council is asked to explain what action it considers necessary in this context in terms of labor market policy. It is also asked to explain what research and development initiatives are currently being supported in order to develop employment and innovation models for an ageing working population in a digitalized world of work. It is also asked whether it is prepared to actively examine an Innosuisse flagship initiative on ‘The future of work in an ageing and digitalized society’ and to promote it as part of a national strategy to make better use of the domestic labor potential.
Federal Council Affair «Further development of the Schengen acquis. Digitalization of the visa procedure. Approval and implementation.»: In future, visa applications for short stays are to be submitted uniformly via an electronic EU platform and visas are to be issued digitally. The paper visa sticker will be replaced by a digital visa. For Switzerland, this further development of the Schengen acquis requires an amendment to the Foreign Nationals and Integration Act (AIG). The changes concern, among other things, the national implementation of the platform, the use of third parties to check documents and rules on exceptions to digital applications. The corresponding amendments to the ordinance have already been adopted. The consultation on the draft was largely positive. The EU platform is scheduled to go live in January 2028; Switzerland will join then at the earliest.
Federal Act on the Transparency of Legal Entities and the Identification of Beneficial Owners: The Federal Council has submitted a bill to Parliament to strengthen the fight against money laundering. The key element is the introduction of a federal transparency register in which legal entities must report their beneficial owners. The aim is to prevent financial crime and meet international standards. A simplified reporting procedure is intended to minimize the administrative burden for SMEs, with the initial effort estimated at around 20 minutes in the first year. Further measures concern due diligence requirements for high-risk advisory activities, such as company structuring or real estate transactions. The LAC-S (Legal Affairs Committee of the Council of States) supports the transparency register by a majority but recommends exceptions for foundations and associations and calls for access restrictions for the Federal Statistical Office. The LAC-S is critical of the due diligence obligations for advisors, as they could represent a disproportionate additional burden and are difficult to reconcile with professional secrecy. In addition, the bill has been split into two parts: the transparency register and the due diligence obligations for advisors. The Council of States will not decide on the latter until next year. On 12 June 2025, the National Council, as the second chamber, approved a “streamlined” transparency register. The bill will now go to both chambers for reconciliation of differences, particularly regarding the so-called presumption of accuracy. Instead of the declaratory effect of the register proposed by the Federal Council and the National Council, the LAC-S proposes limiting the presumption of accuracy to advisors and financial intermediaries.
Federal Council Affair «Introduction of automatic exchange of information on crypto assets with relevant partner countries from 2026. Approval of federal decrees»: The Federal Council has adopted the dispatch on the introduction of international automatic exchange of information (AEOI) on crypto assets with relevant partner countries. The start is planned for 2026, with the first data exchange to take place in 2027. A list of 74 countries is proposed, including all EU member states, the United Kingdom and most G20 countries, with the exception of the USA, China and Saudi Arabia. Exchanges will only take place if the partner countries participate in the procedure and comply with the requirements of the OECD reporting framework for crypto assets. In addition, the existing AIA audit mechanism for financial accounts is to apply to crypto assets in the future. The EATC-S has spoken out in favor of implementing the bill. It proposes the introduction of exchanges with the 74 proposed countries from 2026, subject to compliance with OECD standards. The matter is currently before the Council of States.
Interpellation «Double charging of value added tax on purchases made via an electronic platform»: The interpellation addresses problems with the implementation of Article 20a of the Federal Act on Value Added Tax, according to which online platforms have been considered service providers since 1 January 2025. In practice, there are cases where VAT is charged both on the purchase via the platform and on the delivery by the carrier. This leads to confusion, additional costs and financial burdens for consumers. The Federal Council is asked whether it is aware of the problem, how double taxation can be prevented, whether legal adjustments are necessary and how refunds can be ensured for those affected. In its statement of 3 September 2025, the Federal Council confirmed that double taxation may occur in certain cases, especially since the introduction of platform taxation. The platforms are responsible for correct processing. To avoid errors, the FOCBS (Federal Office for Customs and Border Security) and FTA (Federal Tax Administration) have issued recommendations and created information services. The Federal Council does not consider legislative changes to be necessary. Consumers can apply for refunds directly from the platform; refunds from the FTA or FOCBS are not possible.
Motion «Rapid introduction of digital signature collection»: The motion calls for the rapid introduction of a digital platform for collecting signatures for initiatives and referendums (e-collecting). The aim is to supplement the current inefficient, error-prone and manipulation-susceptible paper-based process with a modern, secure and low-threshold digital solution. This should reduce the effort and costs for municipalities and authorities, simplify registration and verification, and make access easier for people with disabilities. The Federal Council recognizes the potential of digitalization in this area, but points out conceptual challenges. The security and trust of the electorate depend to a large extent on the technical and organizational design of e-collecting. A preliminary project entitled ‘Motion for a pilot project for e-collecting with the e-ID trust infrastructure’ will therefore be carried out with the involvement of cantons, municipalities and experts to develop the basis for limited pilot trials. Digital signature collection is not intended to replace the paper version, but to supplement it. The Federal Council rejects the motion because it leaves little room for gradual implementation and pilot trials. The Federal Council reserves the right, if the motion is accepted in the first chamber, to submit an amendment in the second chamber so that it can be tasked with implementing the aforementioned preliminary project. The motion was adopted with amendments by the National Council during the 2025 summer session and will be discussed again by the Council of States during the upcoming 2025 autumn session.
Postulate «Digital sovereignty. Where does Switzerland stand?»: The postulate calls on the Federal Council to produce a report on how Switzerland can strengthen its digital sovereignty and reduce its dependence on foreign IT providers. The focus is on key areas such as digital infrastructure, data storage and software use. The rationale behind this is the increasing use of cloud services, standard software, operating systems and AI platforms from international technology companies by the administration and critical infrastructures, which raises questions of data sovereignty, access rights and legal jurisdiction. The report is intended to identify risks to democracy, security and administration and outline opportunities for promoting in-house development, particularly in security-related areas. The Federal Council proposes that the postulate be accepted.
Interpellation «Automation potential thanks to the Business Process Automation (GFD BPA) specialist service»: The aim of the interpellation is to tap into automation potential across departments and to establish a coordinated, federally scalable automation landscape. The Federal Council is asked to provide information on the strategic importance, systematic measures for potential analysis, efficiency and savings opportunities, involvement of relevant stakeholders, and long-term institutional and financial security. In its statement of 27 August 2025, the Federal Council emphasized the importance of shared specialist services for efficient, standardized and error-free processes. The GFD BPA (joint specialist service ‘Business Process Automation’) is in the initialization phase, in which pilot projects, legal clarifications and an implementation concept are being prepared. Initial needs assessments in all departments have already identified automation potential. Efficiency gains are expected through process harmonisation, the elimination of redundant in-house solutions and bundled training and tool costs, without any loss of performance. The General Secretariat of the Federal Department of Economic Affairs, Education and Research (EAER) is leading the project, supported by the Federal Office of Information Technology, Systems and Telecommunication (FOITT) and other federal agencies. Funding for the initial phase will run until the end of 2025, and a decision on its future anchoring will be made as part of the directive on joint specialist services.
Motion «Transmission of tax data by the cantons to the Confederation for statistical purposes. For a formal legal basis»: The motion calls on the Federal Council to submit to Parliament a draft formal legal basis setting out the conditions for the collection of cantonal tax data by the Confederation for statistical purposes. The aim is to clearly regulate the legal basis for data exchange within the framework of federal statistics. A minority of the National Council proposes rejecting the motion. In its statement, the Federal Council points out that the Federal Statistics Act already provides a sufficient basis, as confirmed by an external legal opinion. Nevertheless, it is prepared to draft a formal legal regulation in response to the demands of various cantonal governments. In particular, data protection and data security are to be taken into account comprehensively. In the Federal Council’s view, such a regulation would also dispel any concerns regarding tax secrecy. The Federal Council proposes that the motion be accepted.
Interpellation «What are the priorities for digitalization in the healthcare sector?»: The interpellation addresses the priorities for implementing the DigiSanté program and asks the Federal Council, among other things, about the strategic importance of digitalization in the healthcare sector, the promotion of secondary use of health data, transparency regarding treatment quality, financial security for projects and possible reputational risks in the event of inadequate implementation. In its response, the Federal Council emphasizes the central importance of digital transformation for patients and for the competitiveness of Switzerland as a research location. One of DigiSanté’s priorities is to improve the framework conditions for the secondary use of health data, which is already being treated as a priority in the first phase of the program. In addition, standardization and new quality indicators are intended to create greater transparency regarding the quality of treatment. The Federal Council refers to the commitment credit approved by Parliament to finance around 50 projects, but acknowledges that structural deficits in the federal budget pose a challenge. In order to avoid reputational risks, it is focusing on clear governance, prioritization in cooperation with the industry and close involvement of the cantons and expert groups.
Cantonal initiative «Systematic submission of criminal record extracts when EU citizens apply for residence permits (1)»: The cantonal initiative calls for criminal record extracts or equivalent information from the country of origin or third countries to be systematically obtained when EU citizens apply for residence permits. The aim is to strengthen national security and ensure that previous convictions are also known in the case of foreign applicants. The request is justified by the current regulation in the Agreement on the Free Movement of Persons, which only allows queries in cases of justified suspicion. This means that even persons with serious previous convictions could obtain residence permits. The Legal Affairs Committee of the Ticino Grand Council emphasizes that systematic checks are necessary, as justifying each individual case would be administratively unfeasible. Even incomplete information is better than none at all, as it enables the authorities to obtain additional information in a targeted manner.