IT Law in the Summer Session 2021

IT LAW IN THE SUMMER SESSION 2021

Various IT law topics will again be dealt with in the 2021 summer session. Particularly noteworthy is the proposal to protect data in the event of bankruptcy (parliamentary initiative to amend Art. 242 SchKG) and the motion “Added value for research and society through data-based ecosystems in healthcare”. The latter aims to clarify the requirements for the infrastructure of a healthcare data ecosystem with regard to data access, data collection, data protection, interoperability, ethical principles and other aspects.

IT Law topics in the National Council:

Postulate: Switzerland’s security in the face of drone technology. The purpose of this postulate is to instruct the Federal Council to examine and report on the impact of drone technology on Switzerland’s security, how Switzerland can arm itself against hostile actions conducted with drones, and who is responsible in this area. The postulate is expected to be discussed in the National Council on Tuesday, June 8, 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 (JSFVG) is to regulate the protection of minors from media content in films and video games. Among other things, players in the film and video game industries are to be required to provide age labels and controls. This also includes online retailers and platforms such as Youtube. The National Council is expected to discuss the law on Wednesday, June 9, 2021.
Postulate: Clear rules for autonomous weapons and artificial intelligence. The purpose of this postulate is to instruct the Federal Council to examine and report on how an operational doctrine for future autonomous weapons systems and artificial intelligence in the security infrastructure can be designed taking into account international ethical standards and what possibilities it sees for advocating ethical standards internationally. The postulate is expected to be discussed in the National Council on Thursday, June 10, 2021.
Motion: Preserving democratic rights and strengthening digital readiness. The purpose of this motion is to instruct the Federal Council to take measures to ensure that the state’s ability to act and the exercise of democratic rights at all levels of government are guaranteed even in times of crisis, while preserving federalism. Among other things, the Federal Council should promote digital competence in all three powers and thus also ensure the exercise of direct democracy. The motion is expected to be discussed in the National Council on Thursday, June 10, 2021.
Motion: Better data management in the healthcare sector. This motion seeks to instruct the Federal Council to change its policy on data management in the health sector. Among other things, it should provide for rapid implementation of the 2019-2023 Open Government Data Strategy and align with global best practices in data management. The motion is expected to be considered in the National Council on Wednesday, June 16, 2021.
Motion: Added value for research and society through data-based ecosystems in healthcare. The purpose of this motion is to instruct the Federal Council to establish a multidisciplinary working group to prepare a report on the responsible collection and use of health data and the requirements for an open health data ecosystem. With representation from university research, industry, healthcare, technology, society, privacy, and others, the following questions should be addressed: Requirements for the infrastructure of a health data ecosystem with regard to data access, data collection, data protection, interoperability, ethical principles and other aspects. The motion is expected to be discussed in the National Council on Wednesday, June 16, 2021.
Postulate: Federal high-bandwidth strategy. The purpose of this postulate is to instruct the Federal Council to submit a high-bandwidth strategy to Parliament that shows the longer-term further development of the high-bandwidth infrastructure. In the high-bandwidth strategy, the Federal Council is to show in particular how the development of Internet coverage in Switzerland can be ensured in those areas where the market will not achieve the desired coverage with high-bandwidth broadband of over 80 Mbit per second in the next few years. The postulate is expected to be discussed in the National Council on Thursday, June 17, 2021.
Parliamentary initiative: Data is the most valuable asset of private companies. Regulating the handover of data in the event of provider bankruptcy. The initiative aims to protect data in the event of bankruptcy by supplementing the Federal Debt Collection and Bankruptcy Law (SchKG). Specifically, Art. 242 SchKG is to be amended as follows: “Die Konkursverwaltung trifft eine Verfügung über die Herausgabe von nichtkörperlichen Vermögenswerten, welche von einem Dritten beansprucht werden. Die Herausgabe setzt voraus, dass die nichtkörperlichen Vermögenswerte separiert werden können und der Antragsteller glaubhaft machen kann, dass diese dem Schuldner nur anvertraut sind. Die anfallenden Kosten sind vom Antragssteller zu tragen.” (The bankruptcy administration shall issue an order for the surrender of non-physical assets claimed by a third party. The surrender presupposes that the non-physical assets can be separated and that the claimant can credibly show that they have only been entrusted to the debtor. The costs incurred are to be borne by the claimant.) The initiative is expected to be discussed in the National Council on Friday, June 18, 2021.

IT law topics in the Council of States:

Motion: Federal Law on Debt Collection and Bankruptcy. Electronic transfer of loss certificates. This motion is intended to instruct the Federal Council to amend the Debt Collection and Bankruptcy Act so that certificates of loss can be transmitted electronically. The motion is expected to be discussed in the Council of States on Monday, May 31, 2021.
Federal Law on Electronic Procedures in Tax Matters. The Federal Tax Administration (FTA) has set itself the goal that all data can be submitted to the FTA online and leave the FTA online. The legal prerequisites for this are to be created. In addition, a motion is to be implemented which calls for the requirement for a signature to be abolished in the Federal Law on Direct Federal Tax (DBG), the Federal Law on Harmonization of Direct Taxes of the Cantons and Municipalities (StHG) and the Withholding Tax Act (VStG) when tax returns and the application for a refund of withholding tax are submitted electronically. In the Council of States, the federal law is expected to be discussed on Wednesday, June 2, 2021.