IT Law in the Spring Session 2021

IT LAW IN THE SPRING SESSION 2021

The following is an overview of the IT law topics for the 2021 Spring session of the Swiss Parliament. The most noteworthy topics are the Federal Law on Electronic Procedures in Tax Matters, on the one hand, and the efforts to create a “federal data hub”, on the other hand. In their advisory work, the attorneys of Laux Lawyers not only focus on the current law, but also on upcoming innovations. This is to take a look ahead.

IT Law topics in the National Council:

Federal Law on Electronic Procedures in Tax Matters. The Federal Tax Administration (FTA) has set the goal to itself that all data can be submitted to the FTA online, and also can be sent out by the FTA online. The legal prerequisites for this are to be created. Furthermore, this effort also aims at implementing a motion that calls for the abolishment of certain signatures in the realm of the Federal Direct Tax Act (DBG), the Federal Act on the Harmonization of Direct Taxes of the Cantons and Municipalities (StHG) and the Withholding Tax Act (VStG) for the electronic submission of tax returns and the application for a refund of withholding tax. The aim is to finalize the bill in the current session (media release dated March 1, 2021).
Motion:Preserving democratic rights and strengthening digital readiness. The motion demands the Federal Council, among other things, to promote digital competence in all three powers and while ensuring the exercise of direct democracy. The motion is expected to be discussed in the National Council on Tuesday, March 16, 2021.
State initiative of the Canton of Geneva: Development of an e-voting system by the Confederation or the cantons. With this standing initiative, the Grand Council of the Canton of Geneva calls on the Federal Assembly to legislate for the creation of a body in which the Confederation and the cantons are represented and which is tasked with developing and operating an open-source e-voting system based on the system developed in Geneva. The National Council is expected to discuss the initiative on Tuesday, March 16, 2021.
Federal law on the protection of minors in the areas of film and video games. A new federal law on the protection of minors in the areas of film and video games is to regulate the protection of minors from media content in films and video games. Among other things, the stakeholders in the film and video game industries are to be required to provide age labels and controls. The National Council is expected to debate the bill on Wednesday, March 17, 2021.

IT Law topics in the Council of States:

Motion: An electronic patient dossier for all healthcare professionals involved in the treatment process. The motion instructs the Federal Council to develop the legal basis so that all service providers or health professionals are obliged to join a certified community or master community in accordance with the Federal Act on the Electronic Patient File. Such an obligation currently applies to hospitals, nursing homes and birthing centers (Art. 39 Health Insurance Act) and will soon be extended to physicians who wish to be newly licensed at the expense of the mandatory health care insurance (Art. 37 para. 3 revised Health Insurance Act; date of entry into force not yet decided). The motion is expected to be discussed in the Council of States on Monday, March 8, 2021.
Motion: Covid-19. Accelerate digitalization in the healthcare system. This motion instructs the Federal Council to take the necessary measures to accelerate the digitization process of our healthcare system. Among other things, any kind of correspondence between the actors in the healthcare system should be done digitally. The motion is expected to be discussed in the Council of States on Monday, March 8, 2021.
Motion: Sustainable data infrastructure and data governancein the federal administration. The motion instructs the Federal Council to create central, standardized access in the sense of a “data hub” to the digital data and processes of the entire federal administration. By means of interoperable, machine-readable real-time interfaces that are based on open standards (so-called microservices and APIs), the digital exchange between the federal authorities and the authorities of other levels of government, the economy and civil society is to be improved. The Federal Council is proposing that the motion be accepted. The motion is expected to be discussed in the Council of States on Monday, March 8, 2021.
Postulate: Increased decentralization of federal government jobs thanks to digitaliization. This postulate instructs the Federal Council to examine and report on the measures to be taken to decentralize federal administration jobs by exploiting the opportunities offered by digitalization. The postulate is expected to be discussed in the Council of States on Wednesday, March 10, 2021.
Motion: Preparation for the introduction of a digital tax. This motion instructs the Federal Council to submit a draft decree to the Federal Assembly providing for the taxation of the digital economy. This is to be prepared in the event that the negotiations within the framework of the OECD on this topic do not lead to a result in June 2021. The motion is expected to be discussed in the Council of States on Wednesday, March 10, 2021.
Motion: Provisional judicial opening. Adaptation to changed business practice (digitalization). This motion instructs the Federal Council to adapt the requirement in Article 82 of the Federal Act on Debt Collection and Bankruptcy according to which a hand-written signature is required on so-called “recognitions of debt”. That Art. 82 should be changed to business practice, namely to the now common ordering of goods and services via the Internet, and to other possibly form-free contracts. The Federal Council proposes that the motion be accepted. The motion is expected to be discussed in the Council of States on Wednesday, March 17, 2021.
Motion: Commercial Register. Publish reliable and legally effective information on Zefix. The motion instructs the Federal Council to amend Article 14 of the Commercial Register Ordinance (HRegV) as well as all legal foundations necessary to ensure that the information published electronically in the Central Company Index Zefix is given its full legal effect. The Federal Council proposes the acceptance of the motion. The motion is expected to be discussed in the Council of States on Wednesday, March 17, 2021.
Motion: New momentum for the consistent implementation of electronic tools for the exercise of political rights. This motion instructs the Federal Council, in cooperation with the cantons, to show which institutional tools need to be developed, how the scientific cooperation with Swiss universities is shaping up and which undisputed technological achievements the cantons have already made, which achievements are available and which can be adopted in order to develop one or more trustworthy digital tools that can be used for the exercise of political rights. The motion is expected to be discussed in the Council of States on Thursday, March 18, 2021.