IT law in the spring session 2025

IT law topics in the National Council:  

  • Parliamentary initiative: add stalking to the Swiss Criminal Code: The National Council’s Committee for Legal Affairs developed an initiative to explicitly criminalize stalking and to create a way for law enforcement in cases of cyberstalking. To this end, the Committee drafted a corresponding bill and invited the Federal Council to comment. The Federal Council considered the draft to be too imprecise and demanded that stalking should only be deemed to have occurred if the victim’s freedom is unreasonably restricted and that proceedings should not be initiated against the victim’s will – unlike in the draft of the National Council – including in couple relationships. However, the Council of States endorsed the new statutory offence in the winter session of 2024 but proposed a more precise definition and that it be established as an offence upon request or one based on endangerment. The National Council will decide on these differences in the spring session of 2025. 
  • Federal Council business: Amendment of the Federal Health Insurance Act (cost containment measures – package 2); The Federal Council adopted a package of cost containment measures, including coordinated care networks, confidential pricing models for medicines and mandatory electronic invoicing. In the future, all inpatient and outpatient service providers shall transmit invoices electronically, although insured persons will still have the right to receive paper invoices free of charge. The aim is to reduce healthcare costs and improve care. However, electronic invoice transmission also has an impact on digitalization. The National Council approved the package with amendments in the autumn session, but rejected new service providers. In summer, the Council of States added volume discounts for medicines. In winter, the National Council confirmed the volume discounts but stuck to its rejection of the networks. In spring, the Council of States’ Committee for Social Security and Health (SGK) followed the National Council in key points. In the spring session, the National Council and Council of States will resolve their differences. 
  • Motion: platform for correspondence between lobbies and members of parliament in favour of transparency; the motion calls for the creation of a digital platform for correspondence between lobbyists and council members. The aim is to centralize the exchange and increase transparency by allowing media professionals partial access. However, the National Council office has identified fundamental and practical problems. A voluntary platform would be fragmentary, and a mandatory solution would be difficult to implement as it would restrict freedom of expression and require extensive controls. Furthermore, it is unclear which actors would be considered lobbies. In view of these concerns and previous failed initiatives, the office recommends rejecting the motion. 

IT law topics in the Council of States:  

  • Postulate: Protect children and young people from harmful use of social media; The Federal Council is asked to examine how children and young people can be protected from excessive social media use, in particular by banning smartphones in schools or restricting access to platforms such as TikTok and Instagram for people under the age of 16. Scientific studies show links between smartphone use and increasing psychological stress among young people. Several countries have already introduced bans or restrictions, with positive effects on learning behaviour and social interaction. A recent survey shows broad support for a ban on mobile phones in schools. The Federal Council will examine the matter and propose possible measures 
  • Parliamentary initiative: No one-year time limit on the option of not disclosing debt enforcement entries and civil initiative: Automatic deletion of debt enforcements when the claims being enforced are repaid; two parliamentary initiatives are calling for debtors to be treated more fairly in the debt enforcement register. A parliamentary initiative wants to make it possible for those affected to file an application for non-disclosure of a debt enforcement entry at any time – and not just within a year. The previous regulation, introduced by a Federal Supreme Court ruling, makes it more difficult to protect those wrongfully affected against unjustified debt collection. The National Council and the Council of States Commission unanimously supported the amendment, with the final consultation to take place in the spring session. At the same time, a professional initiative is calling for the automatic deletion of debt enforcement entries as soon as the debts have been settled. Currently, these remain visible for up to five years, which puts debtors at a disadvantage despite repayment. The initiative aims to enable a quick fresh start, while critics fear a reduction in transparency. Parliamentary debate is still pending. Both initiatives aim to protect debtors from unnecessary disadvantages and to make the debt collection system fairer. 
  • Air Passenger Data Act. The Federal Council has adopted the dispatch on the Air Passenger Data Act (PADA), which aims to introduce a national Passenger Name Record (PNR) system to combat terrorism and serious crime, and to protect Switzerland as a business location. Airlines will be required to transmit relevant passenger data to a new Passenger Information Unit (PIU) at the Federal Office of Police (fedpol). This unit will compare the data with police information systems to identify suspicious persons. Data without indications of wrongdoing will be deleted after six months and pseudonymized after one month, while suspicious data can be stored for up to five years. Switzerland aims to fulfil international obligations arising from UN resolutions and ICAO standards to close security gaps in the Schengen area and ensure the competitiveness of its airlines. The National Council adopted the law by a clear majority in the winter, despite concerns from the left-green side about data protection. The Security Policy Commission of the Council of States unanimously endorsed the law in January. The final debate will take place in the spring session. 
  • Motion: Preventing abusive restrictions on the forms of termination; The motion calls for a legal framework to prevent companies from unnecessarily complicating the termination of consumer contracts by imposing restrictive formal requirements, such as requiring termination to be made exclusively by telephone or live chat. Complaints about such practices are particularly common in the telecommunications sector. The Federal Council recognizes the potential for abuse but rejects new legal regulations and refers to existing consumer protection mechanisms in the UWG as well as ombudsman services. If the motion is adopted in the spring session of parliament, the Federal Council will instead propose an examination of the issue. 
  • Motion: make contract guarantees fairer; the motion calls for a legal amendment to prevent the misuse of contract guarantees in work contracts. Today, the triggering is regulated too simply and leads to abuse. Specifically, it is proposed that in the future, customers should provide evidence of defects, contractors should be informed of the payment, and the guarantee should only be enforceable during the provision of the work. The Federal Council rejects the motion and refers to the freedom of contract, the existing regulation of guarantee agreements under Art. 111 of the Swiss Code of Obligations and existing protective mechanisms. It does not consider a legal restriction to be necessary or proportionate. 
  • Motion: Enable standardised 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 standardised interfaces. The aim is to create transparency and enable better individual pension planning. The standardisation 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. 
  • Interpellation: Anonymising tickets on the Swiss Pass; The Federal Council is being asked whether ticket inspections on the SwissPass can be changed so that they are anonymous, without recording personal data such as name or date of birth. The aim is to improve data protection and reduce the risk of misuse of sensitive location data. The Federal Council points out that the SwissPass is a personal ID and that identity checks remain necessary to prevent fraud. It emphasises that currently no personal data is logged during the check unless the SwissPass mobile app is used. A possible switch to an anonymous reading system requires more in-depth studies. 
  • Interpellation: sharp increase in AI and blockchain applications. Impact on energy prospects; the Federal Council is called upon to analyse the impact of the increasing demand for electricity from AI and blockchain applications on Switzerland’s energy supply. In view of the electricity shortage that is already forecast by 2050, the question is asked as to whether these technologies are taken into account in the energy perspectives and what measures are being taken to ensure the security of supply. The Federal Council confirmed that the energy consumption of data centers is included in the energy perspectives, but emphasised the uncertainties in forecasting additional demand. A current research project should provide more accurate data. In the short term, the Federal Council is focusing on the expansion of renewable energies; in the long term, it remains open to new technologies and is considering lifting the ban on the construction of new nuclear power plants, including SMR reactors. 
  • Motion: systematise data exchange on illegal migrants; According to the motion, the Federal Council should take measures to systematically exchange relevant data on illegal migrants between cantons, municipalities, social authorities, health insurance funds and social security funds in order to verify their residence status and prevent their presence in Switzerland. The motion aims to reduce the attractiveness of Switzerland for illegal migrants and to expel them in a targeted manner. The Federal Council recommends that it be rejected. As undocumented migrants generally do not register with the authorities if they fear detection, the Federal Council does not consider an automatic exchange of data between the authorities responsible for enforcing social security legislation and those responsible for enforcing the FNIA to be effective in practice. The Federal Council has also already rejected similar measures, as it considers automatic data exchange to be ineffective in practice and has concerns about data protection. Furthermore, such a measure could lead them to forgo necessary social insurance, which would ultimately place a financial burden on the cantons and municipalities. The Council of States will discuss the motion in the 2025 spring session. 
  • Motion: Ban interchange fees for payments with debit cards; The motion calls for a ban on interchange fees for debit card payments, as these increase costs for retailers, restaurants and SMEs. Whereas the Maestro card had a fixed amount per payment, the new VISA and Mastercard debit cards also incur additional percentage fees that are passed on to retailers. The Federal Council is calling for the motion to be rejected and is pointing out existing competition law mechanisms that are designed to prevent abusive pricing. The Competition Commission (COMCO) is already monitoring the market and has opened a preliminary investigation into the interchange fees. A legal ban is therefore not necessary. 
  • 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 emphasises 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. 
  • 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 recognises the need for better protection of intellectual property against unauthorised 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. 
  • Interpellation: AI regulation. Swiss creative industries depend on enforcement of copyright; The interpellation addresses the protection of the Swiss creative industries in the face of the increasing use of copyright-protected content by generative artificial intelligence (AI). The Federal Council is called upon to explain how it will ensure that authors and rights holders retain control over their works in the age of AI and how possible gaps in copyright law can be closed. The Federal Council recognises the importance of the issue and points out that the Federal Department of the Environment, Transport, Energy and Communications (DETEC) and the Federal Department of Foreign Affairs (FDFA) are drawing up an overview of AI regulation by the end of 2024. Copyright will also be taken into account in this process, but will not be dealt with in depth. A detailed examination of questions of rights control and transparency of training data could be carried out as part of future work. In addition, the Federal Council emphasises that international coordination is essential, particularly with the EU and the US, in order to ensures effective and practical solutions.