IT law in the 2026 spring session

IT law in the 2026 winter session

Image from 23 March 2023 © Parliamentary Services / Rob Lewis, link: https://www.media-parl.ch/picture.php?/8729/category/277.%E2%80%9D.

From a new media publishers’ right and the inclusion of AI providers, to the E?ID, DigiSanté and digital driving licences, through to call ID spoofing, deepfakes and sovereign cloud solutions: in the 2026 spring session, Parliament faces a packed agenda of digital and IT law milestones. The National Council and the Council of States are debating numerous proposals that will shape how Switzerland handles data, AI, cybercrime, digital infrastructure and fundamental rights in the years to come. The following provides an overview of the key IT law dossiers of the session – from media and platform regulation, through mobility and public-sector data, to the protection of children and personality rights in the digital space.

Federal Council business: Federal Act on Copyright and Related Rights (URG). Amendment (ancillary copyright for media companies): The aim of the amendment is to require large online services to pay traditional media companies for the use of short excerpts (known as snippets) from journalistic content. This is intended to counteract the decline in revenue caused by digital platforms and search engines, which often use this content without direct compensation. The obligation to pay remuneration would apply to online services with an average reach of at least 10% of the Swiss population per year, and the rights would be enforceable collectively through collecting societies. The CTT (Commission for Transport and Telecommunications) of the National Council agrees with the amendment but would like to refer the matter back to the Federal Council with the request to also hold artificial intelligence providers accountable and to incorporate the concerns of the Gössi motion “Better protection of intellectual property against AI abuse.”
Motion: «Do not tolerate the hosting of child pornography in Switzerland»: The motion calls on the Federal Council to create a legal basis that obliges hosting and cloud providers in Switzerland to inform customers about how to report child pornography, to forward reports of paedophile content to the law enforcement authorities and to block this content immediately (similar to the telecommunications providers in Art. 46a (3) FMG). The aim of the bill is to close gaps in the existing approach to combating the hosting and distribution of child pornography on the internet and to improve the protection of children and young people, especially since Switzerland ranked fourth worldwide in terms of hosting child pornography in 2023, according to the Internet Watch Foundation. The Federal Council proposes that the motion be accepted.
Postulate E-ID. «Evaluation of implementation after two years»: The postulate instructs the Federal Council to evaluate the Federal Act on Electronic Identity and Other Electronic Proofs (E-ID Act) 24 months after its entry into force. In particular, the voluntary nature of e-ID, the publication of the source code, the fight against excessive information requests from private providers for profiling purposes, compliance with the financial framework announced during the referendum campaign and the guarantee of non-linkability are to be examined. The explanatory memorandum refers to the narrow acceptance of the law in the referendum. During the referendum campaign, concerns were expressed primarily about the concrete implementation, namely with regard to possible profiling, an indirect obligation to use the system, or general surveillance. Questions about the publication of the source code and budget compliance in IT projects were also raised. An evaluation two years after introduction should clarify whether the intended objectives have been achieved, whether the implementing provisions are appropriate and how high the level of acceptance is among the population. The Federal Council proposes that the postulate be accepted.
Federal Council business: «Commitment credit for the digital transformation of the Central Compensation Office for the years 2026–2032»: The Federal Council is requesting a commitment credit of CHF 66.1 million for the years 2026–2032 for the digital transformation of the Central Compensation Office (CCO). The aim is to modernise the organisation and IT systems, in particular those of the Swiss Compensation Office (SCO) and the DI Office for people living abroad (OAIE). The plan is to replace the existing IT infrastructure with a uniform, modular solution featuring automated data transfer, enhanced process automation and standardised interfaces for secure data exchange with cantons, institutions and international partners. This should increase efficiency and service quality and reduce processing times. The programme is a response to rising case numbers due to population growth and increasing international mobility. It is aligned with the digitalisation strategy of the Federal Government and the Federal Social Insurance Office. At the same time, the message on the Federal Act on Information Systems in Social Insurance (BISS) was adopted, which provides for an electronic platform for the first pillar. The Finance Committee of the National Council welcomes the direction taken and unanimously recommends that the National Council approve the loan. Among other things, the risks of bidder dependency and questions regarding the open source strategy were discussed.
Federal Council business «Financial Market Supervision Act and other legislation. Amendment with regard to cooperation with foreign authorities»: The Federal Council has adopted the dispatch on the amendment to the Financial Market Supervision Act (FINMASA) and other legislation. The aim is to modernise the legal framework for international cooperation in the financial sector in order to meet the requirements of cross-border financial business. The amendments are intended to strengthen the integrity, transparency and stability of the markets and promote the competitiveness and international networking of the Swiss financial centre. The following amendments in particular are planned for FINMASA: a restriction of the client procedure in FINMA administrative assistance proceedings in cases of market abuse, new provisions on international cooperation in audit and recognition procedures, on the cross-border service of documents and on the direct transmission of information by supervised companies. In addition, the regulations on cross-border audits are to be expanded. The Audit Oversight Act (AOA) and the National Bank Act (NBA) also create a legal basis for remote audits and the involvement of the SNB. The majority of responses to the consultation were positive, prompting the Federal Council to make a number of clarifications to increase legal certainty. The Council of States had approved the motion with an amendment to Article 42c. However, the Economic Affairs and Taxation Committe of the National Council (EATC) rejects the amendment to Article 42c, and the National Council is now deliberating on the motion.
Parliamentary initiative «Fair participation of the SRG in the audiovisual production market»: The parliamentary initiative calls for an amendment to the RTVA to regulate the cooperation between the Swiss Radio and Television Corporation (SRG) and the independent audiovisual industry by law. The aim is to oblige the SRG to award a defined proportion of its production and service contracts to independent Swiss providers. This is intended to strengthen the diversity and competitiveness of the domestic production industry and ensure that contracts are awarded in line with market conditions. The draft bill stipulates that the SRG licence will in future contain specific requirements for taking the independent audiovisual industry into account and that the Federal Council will be able to set minimum quotas for the awarding of contracts. In addition, the licence will include provisions to safeguard competition in the markets for audiovisual production and services. The National Council’s Transport and Telecommunications Committee approved the draft in July 2025. The Federal Council proposed to proceed with the bill in October 2025. It emphasised that the regulation would strengthen production diversity and give the industry more planning security. The matter will be discussed in both Councils during the upcoming session.
Federal Council business: “Mobility Data Infrastructure (MODIG)”: The aim of the law is to establish a modern, national mobility data infrastructure (MODI) that enables the standardised exchange and linked use of mobility data across all modes of transport. This data infrastructure should help to make the planning, operation, and use of transport infrastructure and services more efficient on the basis of data, thereby creating a more efficient, networked mobility system. Another key concern is to strengthen Switzerland’s digital sovereignty and promote innovation in the mobility sector through a neutral, open, non-commercial platform operated by the federal government. The core components are the National Data Networking Infrastructure for Mobility (NADIM) and the “CH Transport Network,” which ensure the technical and organisational networking of data. The National Council’s Transport and Telecommunications Committee (TTC) generally supports the Federal Council’s draft, but has added a number of clarifications, namely on ‘efficient mobility’, the preservation of competition, the tasks of the Mobility Data Competence Centre and user financing. The draft and the proposals are now open for discussion in the National Council.
Motion: “Stop violent extremism. For better control of violent and extremist individuals by the intelligence services” and Motion: “Stop violent extremism. Better intelligence control of violent extremist individuals: The two motions call for an amendment to the Intelligence Service Act (ISA) to explicitly include violent extremism in the list of threats for which the Federal Intelligence Service (FIS) may use procurement measures requiring approval, such as the surveillance of postal and telecommunications traffic. Specifically, Article 27(1) of the ISA is to be amended to stipulate that a concrete threat within the meaning of Article 19(2) (a–e) – and thus also violent extremism, is a prerequisite for such measures. Both motions justify their concerns with an increase and intensification of violent extremist activities, particularly in connection with riots in Bern in the fall of 2025. The current legal situation expressly excludes measures requiring authorisation in cases of violent extremism and limits them to terrorism, the proliferation of weapons of mass destruction, or threats to critical infrastructure. This creates a security policy gap, as the FIS must rely largely on publicly available sources. Both motions will be discussed in both Councils during the upcoming session.
Motion: “Strengthening the front line of law enforcement against money laundering, cybercrime, and organised and cross-border crime”: The motion calls for the Federal Criminal Police (FCP) and the Office of the Attorney General (OAG) to be strengthened in terms of personnel, organisation and technology so that organised crime, cybercrime and economic crime can be effectively prosecuted. It calls for a multi-year investment programme for digital investigation and evidence preservation, particularly in the areas of digital forensics, decryption of communications and crypto assets. In addition, coordination between the OAG and the FOCP is to be regulated in a binding manner. The explanatory memorandum refers to reports by the supervisory authority on the Office of the Attorney General and to situation analyses by fedpol, according to which the scope, professionalism and internationality of such offences have increased. Criminal networks are increasingly operating digitally, on a division of labour basis and across borders. Despite increases in personnel, there are still shortcomings in digital investigation. The Federal Council shares the assessment of an increasing threat, but proposes rejecting the motion, citing existing strategies and the agreed reinforcements at fedpol. Cooperation with the Office of the Attorney General will be further developed.
Motion: “Strengthening the federal government’s powers to prevent foreign interference”: The motion calls for the federal government’s powers to detect, analyses, and prevent foreign interference in the sense of “Foreign Information Manipulation and Interference” (FIMI) to be strengthened. The Federal Council is to be tasked with entrusting the competent authority with the task of structuring and expanding the relevant powers in a sustainable manner, particularly in the broader context of hybrid threats. To this end, the necessary legal basis is to be reviewed and, if necessary, adapted, particularly in the area of intelligence, in order to enable effective analysis of the FIMI phenomenon while upholding the principles of the rule of law. In addition, coordination between the relevant actors at the federal and cantonal levels should be strengthened. The motion is justified by an intensification of influence activities, information manipulation, and cognitive warfare in the wake of the current geopolitical situation, which could undermine democratic processes, public discourse, and trust in state institutions. Although various competences and an interdepartmental working group already exist, the motion aims to create a clear mandate, an explicit legal basis, and a coherent structure. The motion will be debated in the National Council.
Motion: “Surveillance of postal and telecommunications traffic. Maintaining the competitiveness of our economy, creating jobs, and safeguarding fundamental rights“: The motion instructs the Federal Council to fundamentally revise the draft revision of the two implementing ordinances to the Federal Act on the Surveillance of Postal and Telecommunications Traffic (BÜPF), which was open for consultation from January 29 to May 5, 2025. In addition, a further consultation is to be held on the revised draft. The explanatory memorandum points out that the planned revision met with strong resistance during the consultation process. In particular, criticism has been levelled at the massive expansion of the group of persons obliged to cooperate, which goes beyond what was originally planned and would confront numerous SMEs with new technical and financial burdens. In addition, the revision contradicts the Federal Council’s stated goal of strengthening Switzerland’s competitiveness as a business location, particularly in light of the punitive tariffs imposed by the US. New regulatory requirements could weaken Switzerland’s attractiveness for technology companies, particularly in the areas of digitalisation, cloud computing, and data centers. Finally, concerns have been raised about the protection of privacy and fundamental rights. There is a risk of a disproportionate expansion of state surveillance capabilities, which should also be viewed critically in light of European data protection standards. A specific example cited is that the Geneva-based company Proton has suspended investments in Switzerland and is investing in Germany and Norway instead. The Federal Council notes that the comments received during the consultation process will be carefully examined. The Federal Department of Justice and Police (FDJP) is currently revising the draft ordinances. In addition, an external regulatory impact assessment (RIA) has been commissioned to analyse the financial and economic implications in greater depth. A further consultation will be held once this analysis is available.
Federal Council business «Federal Act on the National System for Querying Addresses of Natural Persons (Address Service Act, ADG) »: With the Address Service Act (ADG), the Federal Council wants to create the basis for a national address service (NAD) that will centralise access to address data for the resident population from 2025 onwards. The Federal Statistical Office (FSO) will operate the system, which will allow administrative bodies at all levels and authorised third parties with a legal mandate to query address data throughout Switzerland. The aim is to achieve more efficient administration, fewer undeliverable items and higher data quality. The project is part of the ‘Digital Administration Switzerland’ strategy and is financed by it. Municipalities will be able to access the NAD free of charge; other users will pay cost-covering fees. Data protection will be maintained: access rights will be granted by the FSO and strictly controlled. The Council of States already gave its clear approval to the bill in 2023. The National Council, on the other hand, initially referred it back to the Federal Council in 2024 on the grounds that it lacked a clear constitutional basis and recognisable benefits for the population. After further hearings and adjustments, the lower house finally agreed with the Council of States in March 2025 and narrowly passed the bill in September 2025. In the dispute resolution process, the Council of States’ Political Institutions Committee proposed to remove the primacy of cantonal law in data transfer and to limit the exemption from fees to resident services.The National Council’s Political Institutions Committee unanimously proposes to follow the Council of States on the two remaining differences in the draft Address Service Act. The National Council will now vote on this again.
Federal Council business: “Therapeutic Products Act (Revision 3a). Amendment”: With this bill, the Federal Council is submitting a revision of the Therapeutic Products Act (TPA) to Parliament, which is intended in particular to strengthen digitalisation in the treatment process and increase medication safety. The core of the revision is the mandatory introduction of electronic prescriptions and electronic medication plans. In future, prescriptions are to be issued and redeemed electronically in order to reduce misinterpretations, forgeries, and abusive multiple redemptions. Patients are also to receive an electronic medication plan, which can also be stored in the electronic patient record and bundles information on medicines and their use. Healthcare professionals will be required to create this plan electronically and update it on an ongoing basis; a paper printout will still be available on request. In addition, the use of electronic systems to support decision-making in dosage calculation will initially be mandatory for hospitals in pediatrics. The National Council’s Social Security and Health Committee accepted the bill without any counter-motions, confirmed the mandatory nature of the electronic instruments, and approved the bill in a overall vote. The matter is now under consideration by the National Council.
Postulate: “Study on a paradigm shift in the tax system in view of the changes in the labour market caused by artificial intelligence”: The postulate instructs the Federal Council to conduct a study on a possible paradigm shift in the Swiss tax system. The starting point is the assumption that artificial intelligence (AI) could replace large numbers of workers and thus substantially erode the traditional tax base, particularly income tax. The study will analyse scenarios for the impact of AI on the Swiss labour market and examine the consequences for federal tax revenues. The focus is on possible tax losses and conceivable compensation mechanisms, such as models based on the value added created by AI. In addition, economic opportunities and risks for Switzerland as a business location, international comparisons, and adaptive implementation strategies are to be examined. The request is justified by the profound changes brought about by AI agents and robotisation, which could transform or displace entire sectors of the economy while corporate profits rise. The postulate is now being debated in the National Council.
Motion: “A collaborative, public approach to the gradual development of DigiSanté”: The motion calls on the Federal Council to implement the DigiSanté programme based on a “community” approach, while adhering to the specified budget and proportionality. Building on the EMBAG Act and the principle of “open source by default,” civil society, academia, and industry should be involved early on and transparently in the design of strategically relevant subprojects. In doing so, the experience gained with the e-ID trust infrastructure should be utilised and the instruments of the Federal Chancellery taken into account. The reasoning behind this is that DigiSanté, as a central digitisation project in the healthcare sector, can only be successful if trust and acceptance are ensured from the outset. The open, participatory approach of e-ID has shown that early involvement and transparency lead to high-quality solutions and broad acceptance. The motion aims to systematically transfer this experience to DigiSanté, define the subprojects together with the industry committee, and build on a strong community for further development.
Motion «Combating hate speech on the internet. Public funds should not be used to support anonymous comments»: The motion calls on the Federal Council to ensure that media outlets and platforms that receive public funds no longer allow anonymous or pseudonymous comments. People who publish online comments on such portals should be identifiable by their real identity. The aim is to prevent the spread of hate speech, lies and insults on the internet and to strengthen the individual responsibility of commentators. The explanatory memorandum refers to the increasing coarsening of online discourse. Subsidies could be withdrawn in the event of violations. The Federal Council shares the concern to combat hate speech on the internet effectively, but rejects a legal requirement to use real names. In its view, such a measure would be disproportionate and difficult to implement legally, as most public media subsidies are not geared towards online offerings. Furthermore, the federal government lacks the authority to attach such conditions to cantonal or municipal subsidies. Instead of legal regulation, the Federal Council refers to self-regulation by the media industry, for example through the guidelines of the Swiss Press Council, as well as planned regulations for large online platforms, which are intended to further strengthen protection against hate speech.
Motion «digitisation of driver IDs»: This motion instructs the Federal Council to amend the legal basis so that driver IDs and vehicle registration documents will also be recognised in digital form in future. The aim is to allow electronic documents to be treated as equivalent to physical documents and to remove the obligation to carry paper documents. The motion criticises the current ‘paper requirement’ as outdated and calls for modernisation in line with the federal government’s ongoing digitalisation strategy. Digital driving licences and vehicle registration documents should be able to be presented electronically during traffic checks, for example via a state-approved app or a secure digital wallet. The digitisation of these IDs is intended to simplify processes for citizens and authorities, reduce administrative costs and improve the integration of e-government services. The bill is part of efforts to gradually digitise state identity and authorisation documents, as is already planned for the new e-ID.

IT legal issues in the Council of States:

Motion: “Making federal administration data usable for multiple purposes – as a basis for trustworthy AI in Switzerland”: The motion calls for quality-assured, up-to-date, and internationally compatible structured data from the federal administration to be made available for multiple uses, in particular as a basis for trustworthy AI applications in research, planning, and control. The Federal Council should create the necessary legal basis and issue binding standards for the harmonisation, standardisation, and technical accessibility of this data. In addition, a priority selection of administrative data should be defined that will be prepared for AI use and made interoperable first; the public provision of further register data should also be examined. The reason for this request is the current fragmentation of data in administrative silos and the lack of authority of the Federal Statistical Office (FSO), which, as the central body for national data management, can only perform its coordinating role to a limited extent. However, high-quality administrative data is crucial for reliable AI systems, for example in the areas of disaster management and infrastructure. The motion is in the context of the requested framework law on the secondary use of data, but focuses specifically on federal administrative data and strengthening the role of the FSO. The matter will be debated in the Council of States.
Motion: “Small consignments. For greater product safety and against unfair competition at the expense of Swiss SMEs”: The motion calls for increased controls on small consignments from Asia in order to increase product safety and eliminate distortions of competition at the expense of Swiss SMEs. The Federal Council is to be tasked with ensuring that imported products meet Swiss minimum requirements in terms of safety, quality, and conformity. It should also propose solutions for financing the additional controls through a small levy on such shipments and for integrating them into customs procedures. The motion is justified by a sharp increase in the number of small consignments, particularly from China, which are often shipped at preferential rates and are inadequately controlled. In some cases, shipments are not declared or are incorrectly declared, or contain counterfeit goods. This creates risks for consumers and unequal competitive conditions, as Swiss companies are subject to strict regulatory requirements and higher logistics costs. Increased import controls are intended to create fair market conditions without disproportionately affecting trade. The bill will now first be debated in the Council of States.
Motion: “Foreign online trading platforms. Creating transparency about products banned in Switzerland”: The motion calls for foreign online trading platforms such as Temu and Shein to be required to clearly label products on their Swiss consumer-facing product pages that would not be permitted for sale in Switzerland due to product safety, trademark, or environmental protection regulations. The aim is to create transparency, protect consumers from non-compliant products, and reduce distortions of competition to the detriment of Swiss suppliers who comply with the rules. The motion is justified by the growing market significance of foreign platforms and the difficulty of enforcing compliance with Swiss regulations in cross-border online trade. In its statement, the Federal Council points out that offering products online is already considered placing them on the market and is subject to the applicable product safety regulations. However, labelling non-compliant products would contradict the principle that only lawful products may be placed on the market. Instead, the Federal Council intends to improve enforcement against foreign platforms as part of ongoing revisions to product safety and trade barrier legislation, and is proposing that the motion be rejected. The matter will now be debated in the Council of States.
Motion: “Time of deletion of inactive federal mail accounts”: The motion by the Business Management Committee of the Council of States calls for a legal basis to regulate the time of deletion of inactive mail accounts of federal magistrates and federal employees. Specifically, it should be specified how long email accounts and the emails they contain should be retained after a person leaves the service. The retention period should be based on hierarchical level; a period of at least one year is proposed for magistrates and management positions, while for other positions, an appropriate extension of the current period of 135 days is sought. The background to this is the findings of the Control Committees in connection with inspections of indiscretions in Covid-19 transactions, according to which there is no legal basis for the current period and, under certain circumstances, facts may no longer be traceable after deletion after 135 days. The Federal Council rejects the motion. It refers to data protection regulations, according to which data should not be stored longer than necessary, to the central storage of business-relevant information in GEVER systems, and to considerable additional storage and personnel costs. The matter is currently before the Council of States; the Federal Council has issued a statement and is proposing that the motion be rejected.
Motion: “Improving data on the implementation of children’s rights”: The motion calls for the creation or adaptation of legal bases to collect comparable data on the implementation of children’s rights throughout Switzerland. The aim is to harmonise cantonal concepts and terms and to establish uniform statistics on child and youth welfare and child protection. This should enable reliable statements to be made on the development, protection, and participation of children and young people. The motion is justified by significant data gaps in key areas of the UN Convention on the Rights of the Child, such as child-related cybercrime, violence against children with disabilities, international adoptions, missing children, and children with incarcerated parents. Different cantonal data collection practices make it difficult to evaluate the situation across Switzerland. The Federal Council points to existing and planned statistical work and emphasises the federal responsibility of the cantons and the complexity of a uniform system. It has indicated that it may convert the motion into a review mandate. The matter was submitted to the National Council; deliberations in the Council of States committee have been completed, and it is currently before the Council of States.
Motion: “Promotion of innovation in the field of security and defence by Armasuisse” : The motion calls for the creation of an innovation programme under the leadership of Armasuisse to specifically promote innovation in the field of security and defence. The focus is on a “high risk/high reward” strategy designed to trigger disruptive technological breakthroughs and quickly translate them into marketable, scalable products. With regard to cyber aspects, the defence against hybrid threats, cyberattacks, influence operations, and cognitive warfare are cited as strategic priorities. The aim is to strengthen Switzerland’s technological sovereignty and increase its resilience to digital and information-based threats. The programme is to be closely embedded in the national research and innovation ecosystem and promote cooperation between science, the private sector, and government. In addition to cyber, space and drone technologies are also highlighted as key areas of innovation. The Science and Technology Competence Center (armasuisse W+T) will be in charge of the programme; no new legal basis is required. Funding will come from the regular army budget and is in line with the Federal Council’s armament policy strategy. The matter will be debated in the Council of States.
Motion: “Domestic violence. Improving perpetrator prevention and monitoring”: The motion calls for the establishment of a national perpetrator monitoring system in the area of domestic violence. The Federal Council is to be tasked with creating a system for the systematic recording and observation of perpetrators in order to identify risk factors at an early stage and prevent recidivism. The plan is to create differentiated perpetrator profiles, for example on age, origin, and living conditions, to analyse relevant risk factors, and to assess the risk of recidivism. The findings are to be incorporated into prevention, protection, and integration programmes in a binding manner. The aim is to prevent escalations leading to serious violent crimes and to enable a coherent national strategy to combat domestic violence. A superordinate framework law is envisaged as the legal basis to ensure coordinated implementation nationwide. The Federal Council supports the proposal in principle, but points out that the introduction of such a system will probably require an amendment to the Federal Constitution. The matter will be debated in the Council of States.
Interpellation: “The EU’s ‘Digital Omnibus’ relieves the burden on the economy. What is Switzerland doing?”: The interpellation addresses the regulatory implications of the “Digital Omnibus” adopted by the EU Commission, which provides for adjustments and simplifications in the digital legal framework, particularly in the area of AI regulation. The EU’s goal is to reduce the administrative burden on companies, for example through more flexible implementation deadlines for high-risk AI systems, fewer obligations for providers and operators, and increased use of real-world laboratories. In its statement, the Federal Council notes that on February 12, 2025, it spoke out against aligning with the European AI Regulation; the adjustments made as part of the “Digital Omnibus” would therefore have no direct impact on the ongoing Swiss legislative project. Future Swiss AI regulation should focus on cross-cutting issues such as transparency, non-discrimination, and risk assessment and be designed to promote innovation; the impact would be assessed as part of a regulatory impact assessment. With regard to cyber reporting requirements, the Federal Council refers to existing simplifications through a uniform reporting form for cyberattacks on critical infrastructure. The matter will be discussed in the Council of States.
Motion: “Effective protection against call ID spoofing of Swiss phone numbers is needed!” as well as Motion: “Effective measures against the misuse of Swiss phone numbers are needed” as well as Motion: Effective measures against the misuse of Swiss domains are needed! The motions pursue the common goal of combating abuse in the digital communications space more effectively and protecting the use of Swiss identification features, phone numbers and domains, from criminal use. Firstly, call ID spoofing should be actively prevented by technical means: providers should be obliged to detect and block calls with manipulated Swiss phone numbers in order to curb fraud, organised crime, and so-called “swatting” cases. Secondly, there is a demand for stricter regulation of the sale and registration of Swiss phone numbers (SIM/eSIM). Providers should be sanctioned for inadequate identification of subscribers, numbers without correct (re)identification should be blocked, and providers at fault should be excluded from further acquisition of numbers. Thirdly, the allocation rules for .ch and .swiss domains should also be tightened: Domains should only be allocated to clearly identified persons and should be blocked in the event of criminal misuse – beyond phishing and malware. The Federal Council is proposing that all three motions be accepted. One of the motions has already been accepted by the National Council; the other two are currently being debated in the Council of States following consultation with the relevant committee.
Motion: “For a sovereign digital infrastructure in Switzerland in the age of artificial intelligence”: The motion calls for a revision of the law so that the federal government, together with the cantons, research institutions, and the private sector, can promote, co-finance, control, and monitor the development of a sovereign digital infrastructure. In particular, the plans include an independent cloud service and an independent exchange platform to host data from companies, government agencies, and critical infrastructures in Switzerland wherever possible. The aim is to strengthen digital sovereignty and cybersecurity in the age of artificial intelligence, to secure Switzerland’s competitiveness as a business location, and to protect democratic processes from external influence. The motion is justified by increasing cyber threats and the growing processing of sensitive data by AI systems. A sovereign infrastructure should better guarantee data protection, fundamental rights, and national independence. In its statement, the Federal Council refers to existing legal bases in the EMBAG and to ongoing work on digital sovereignty, the Swiss Government Cloud, and AI regulation. It considers the issue to have already been partially addressed and proposes that the motion be rejected. The deliberations in the Council of States committee have been completed; the matter is now before the Council of States.
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, particularly in connection with AI-generated and manipulated images (deepfakes). The background to this is the increasing spread of fake nude or pornographic images and their use for blackmail (sextortion), often at the expense of minors. The strategy should provide for a coordinated approach in the areas of prevention, regulation, and law enforcement, with particular attention to the protection of children and young people. The motion is justified by the greatly simplified production and distribution of manipulated image content through AI, which can lead to massive violations of personal rights and new forms of cyber paedocriminal violence. In its statement, the Federal Council refers to existing structures and instruments, including the cantons’ responsibility for criminal prosecution, the coordination tasks of fedpol, the NEDIK network, the Federal Office for Cybersecurity, and prevention programs such as “Youth and Media.” It considers the existing instruments to be sufficient and proposes that the motion be rejected. The Council of States has accepted the motion; the National Council has also accepted it in amended form. The matter is therefore now in the process of reconciliation between the two chambers.
Motion: “Excessive exposure of children on the internet (sharenting and commercial use of images). For guaranteed respect for image rights and labour law”: motion calls for stronger protection of children in the digital space with regard to sharenting and the commercial use of images of children on the internet. Firstly, the Federal Council should amend Ordinance 5 to the Labour Act (ArGV 5) so that the commercial use of images of children under the age of 16, for example in the context of influence marketing, becomes subject to reporting requirements. Secondly, it should strengthen children’s image rights as part of an interdepartmental strategy, based on recommendations from the UN Committee on the Rights of the Child. The motion is justified by the risks to children’s privacy, exploitation, and health that can arise from permanent online exposure and monetised content. The Federal Council considers the existing legal basis to be sufficient. The provisions of labour law are tailored to traditional employment relationships and are generally not applicable to parent-child constellations. In addition, child protection authorities could intervene if parents exceed their rights of representation. The “Youth and Media” platform in particular is doing preventive work. The Federal Council proposes rejection and reserves the right to convert it into a review mandate. The National Council has accepted the motion; deliberations in the Council of States committee have been completed, meaning that the matter is now before the Council of States.
Motion: “The Constitution needs a digitalisation article”: The motion calls for the creation of a separate digitalisation article in the Federal Constitution. The Federal Council is to be instructed to submit a corresponding message with a draft constitution to Parliament and to draw this up in consultation with the cantons. In doing so, the basic principles of the joint organisation “Digital Administration Switzerland (DVS)”, which coordinates the digital transformation of the administration between the Confederation and the cantons, are to be taken into account. A constitutional article would explicitly anchor digitalisation as a cross-cutting task of state policy and institutionally secure cooperation between the federal government and the cantons. The aim is to create clear responsibilities, coordination mechanisms, and common guidelines for the digital development of the state. This would give the digital transformation of public administration an explicit constitutional basis. The matter will be debated in the Council of States.