IT law in the summer session 2025

• Federal Council business ‘Total revision of the Customs Act’: The total revision of the Customs Act places particular emphasis on the digitisation of customs processes through the DaziT programme. The new framework law aims to standardise, simplify and fully digitise all customs procedures of the Federal Office for Customs and Border Security (FOCBS). The aim is to enable goods to be declared electronically and from any location, including all accompanying documents, thereby increasing efficiency at the borders and reducing administrative procedures for businesses and the administration. A key element of the new Act is the consolidation of the principles governing controls, powers, data processing and criminal prosecution. In future, data processing will be risk-based: targeted controls of goods, persons and means of transport will be carried out on the basis of risk analyses. The relevant provisions on data processing have been revised and adapted to the requirements of the revised Data Protection Act.
• Motion ‘Abolition of the obligation to use Digiflux for agricultural businesses’; Agricultural businesses should be exempted from the obligation to use the Digiflux digital platform. The reasons given for this are the administrative burden and costs associated with using Digiflux. It is also pointed out that this obligation gives Switzerland a special role in Europe. The Federal Council recommends rejecting the motion. It argues that Digiflux is a key tool for fulfilling legal reporting obligations in the area of plant protection. The platform enables efficient and standardised data transmission, which is essential for monitoring and controlling the use of plant protection products. The matter is currently before the National Council, which will decide on it in its upcoming summer session.
• Motion: Relieve SMEs. Clarity on fees for cashless payment methods„; The Federal Council is called upon to present a legal regulation that ensures greater transparency in fees related to cashless payment methods. The aim is to relieve small and medium-sized enterprises (SMEs) in particular, which are burdened by non-transparent or excessive fees. The Federal Council recommends rejecting the motion. It points out that existing competition law instruments, in particular the Cartel Act and price monitoring, are sufficient to combat abusive fees. In addition, the competent authorities have already intervened successfully in this area and will continue to monitor market developments. The National Council will deal with this matter in its upcoming 2025 summer session.
• Parliamentary initiative ‘Integrated approach for public service centres’: The Federal Council is requested to develop an integrated approach for public service centres. The aim is to promote cooperation between different public authorities in order to facilitate access to services for the population. In particular, digital solutions should be used to increase efficiency and user-friendliness. The Federal Council recommends that the initiative be accepted. It emphasises the importance of a coordinated approach in the area of public services and sees the proposed integration of services as a step towards modernising public administration. The matter is currently discussed 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 last spring session of 2025. However, the National Council insisted on ex officio prosecution in couple relationships. This point will be discussed in the reconciliation process during this summer session.
• Federal Council business: ‘Adoption and implementation of Regulation (EU) 2022/1190 amending Regulation (EU) 2018/1862 as regards the entry of information on third-country nationals in the Schengen Information System (SIS) for the purposes of the Union’: The EU regulation enables Europol to submit proposals to Schengen states for information alerts in the SIS on third-country nationals suspected of being involved in terrorism or serious crime. Switzerland is adopting this regulation, which will require a partial revision of the Federal Act on Police Information Systems (BPI). The Federal Council adopted the corresponding dispatch in autumn after it received majority approval in the consultation process. The Security Policy Committee of the Council of States unanimously approved the bill and agreed to its early partial application. The SIK-NR is requesting that the National Council 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 ‘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 recognises the potential of digitalisation in this area, but points out conceptual challenges. The security and trust of the electorate depend to a large extent on the technical and organisational 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 accepted by the Council of States and will be discussed in the National Council in the 2025 summer session.
• Cantonal initiative ‘Automatic deletion of debt enforcement proceedings upon settlement of the claims’: The cantonal initiative requires that debt enforcement proceedings be automatically deleted from the debt enforcement register as soon as the claim has been settled in full. The aim is to enable individuals to make a fresh start without bureaucratic hurdles once they have paid off their debts. Currently, a debt enforcement entry remains visible for up to five years, which can have a negative impact on finding accommodation, job opportunities and social integration. The initiative is currently being debated in the National Council.
• Motion ‘Require large online retailers based in third countries to appoint legal representation in Switzerland’: The motion calls for the creation of a legal basis requiring large online retailers based in third countries to appoint legal representation in Switzerland. This representation should be authorised and equipped to provide information to the authorities and the public and to cooperate with the competent authorities. The aim is to improve the enforcement of consumer rights and compliance with Swiss laws on data protection, product safety and price disclosure. In its statement, the Federal Council acknowledges the importance of the issue and refers to comparable regulations in data protection and value added tax law, as well as to ongoing work on the regulation of large communication platforms. However, it expresses doubts about the practical enforceability of such an obligation in online commerce and emphasises the need for a more in-depth analysis. The Federal Council reserves the right to request that the motion be converted into a review mandate in the second chamber. The matter is currently before the National Council, which will decide on the motion as the first chamber.
• Federal Council item ‘Further development of the Schengen acquis. Digitalisation 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 at the earliest at this point in time. The National Council’s Political Institutions Committee is requesting approval of the exchange of notes and the amendments to the AIG. The matter is currently before the National Council.
• Federal Council business „Exchange of notes between Switzerland and the EU on the approval and implementation of the adoption of Regulations (EU) 2024/1351, (EU) 2024/1359, (EU) 2024/1349, (EU) 2024/1358 and (EU) 2024/1356 (EU Migration and Asylum Pact) (further developments of the Schengen and Dublin/Eurodac acquis) The Federal Council is requesting approval and implementation of five EU regulations under the Migration and Asylum Pact, which require amendments to Swiss law, in particular to the Foreign Nationals and Integration Act (AIG) and the Asylum Act (AsylG). The focus here is on the further development of existing European information systems in line with IT law. The revised Eurodac Regulation provides for a significant expansion of data collection: biometric data (fingerprints and facial images) will now be collected from persons aged six years and above. In addition, new categories of persons will be included. Interoperability with other European IT systems will be enshrined in law to enable automated data comparison between different EU databases. A newly introduced screening procedure obliges the authorities to carry out digital preliminary checks on third-country nationals entering the Schengen area without authorisation. The aim is to record and centrally store information on identity, security risks and health aspects. In future, the procedures are to be standardised, supported electronically and implemented using uniform IT solutions. The National Council’s Political Institutions Committee approved the Federal Council’s four drafts by a majority vote. In addition to the IT regulations, the planned voluntary participation of Switzerland in the EU’s new solidarity mechanism was also discussed in detail. The matter is currently before the National Council.
• Motion ‘Strengthening the role of hosting and cloud providers in combating cyber threats’: This motion instructs the Federal Council to develop a legal framework that grants hosting and cloud providers the necessary rights and obligations to combat the misuse of the infrastructure and services they offer for cyber attacks. The motion is justified by the central role these providers play in the digital space. They provide platforms and storage solutions that are increasingly being misused for cyber attacks against Swiss targets, including operators of critical infrastructure. Unlike internet providers, which are regulated by the Telecommunications Act, hosting and cloud providers are not currently subject to any comparable cyber security regulations. This legal loophole needs to be closed. The Federal Council supports the motion and recommends its adoption. The matter is currently before the National Council.
• Motion on systematising data exchange on illegal migrants: The motion calls for the systematic exchange of relevant data between authorities, social insurance agencies and health insurance companies in order to better record and prevent the presence of illegal migrants in Switzerland. This is intended to reduce Switzerland’s attractiveness for illegal migration. The Federal Council rejects the motion and refers to existing legal provisions that already allow data to be exchanged in certain cases. It argues that automated exchange would be ineffective, as undocumented migrants do not usually report to the authorities if they fear discovery. In addition, such a measure could lead to them foregoing necessary social security benefits, which would ultimately place a financial burden on cantons and municipalities. The Council of States adopted the motion in its 2025 spring session. The matter will now be debated in the National Council in its 2025 summer session.
• Motions ‘Evaluate current measures to combat hooliganism together with the cantons’ and ‘Hoogan comparison when selling tickets for sporting events’: Two current motions deal with measures to curb hooliganism in the context of sporting events. The first calls on the Federal Council to set up a working group together with the cantons to evaluate existing legal provisions at federal level. The aim is to identify possible loopholes in the law and submit proposals for improvement to Parliament. The background to this is the increasing intensity and frequency of violent incidents at sporting events. The Federal Council acknowledges the problem but emphasises the federal responsibility of the cantons for public safety and refers to existing cooperation structures. The second motion aims to amend the Federal Act on Measures to Safeguard Internal Security (BWIS) so that ticket sales outlets can access the HOOGAN database in future. This is to prevent people who are subject to a registered measure from gaining access to sporting events when purchasing tickets. The Federal Council rejects this extension and points to data protection and security concerns. However, it is in favour of an examination within the framework of a review mandate. Both items are currently being debated in the National Council.
• Cantonal initiative ‘Guaranteeing nationwide high-speed broadband coverage’: The cantonal initiative calls on the federal government to take measures to promote nationwide high-speed broadband coverage, particularly in economically unattractive regions. The federal government should actively intervene within the scope of its responsibilities in telecommunications (FMG), regional policy (BRP) and fiscal equalisation (NFA), for example through direct financing or an expansion of basic services. The background to this is the unequal supply situation, particularly in peripheral regions such as Ticino, where private providers often refrain from expansion for reasons of profitability. The Council of States adopted the initiative in 2017. The National Council’s Transport and Telecommunications Committee (KVF-N) continues to support the initiative. It refers to the ongoing postulate 21.3461, which tasks the Federal Council with developing a high-speed broadband strategy. In order to await the results of this strategy, consideration of the initiative has been postponed several times. The matter is currently before the National Council.
• Parliamentary initiatives ‘Save lives. Active electronic monitoring’ and ‘Who hits, leaves!’: Two parliamentary initiatives are calling for stronger legal protection against domestic violence, particularly for women and those at high risk. The initiative ‘Save lives. Active electronic monitoring’ calls for a legal basis for the mandatory use of active GPS monitoring in high-risk cases. According to the Federal Council report, passive monitoring has proven to be insufficient, as intervention often comes too late. Despite recognising the effectiveness of active models such as those in Spain, the Federal Council sees no need for legislative action. The initiative calls for a rethink in order to protect vulnerable people early and effectively. It was supported by the legal committees of both chambers of parliament. In addition, the initiative ‘Wer schlägt, geht!’ (Whoever hits, leaves!) calls for an amendment to Article 28b(4) of the Civil Code to make it mandatory to immediately expel violent persons from the shared home. This principle is already being successfully implemented in several cantons. The aim is to protect victims without forcing them out of their home environment. This initiative was also approved by both commissions. Both items will be dealt with by the National Council in its 2025 summer session.
• Popular initiative ‘200 francs is enough! (SRG initiative)’: The federal popular initiative ‘200 francs is enough! (SRG initiative)’ calls for a reduction in the radio and television licence fee for households from 335 to 200 francs per year and the complete exemption of companies from the licence fee. The Federal Council rejects the initiative as it would have a significant impact on the SRG’s journalistic offering and regional roots. In order to provide some financial relief, the Federal Council has decided on a counterproposal at the ordinance level: the household licence fee is to be gradually reduced to 300 Swiss francs by 2029, and companies with an annual turnover subject to value added tax of up to 1.2 million Swiss francs are to be exempted from the licence fee from 2027. The SRG licence has been extended until the end of 2028; a new licence is to be drawn up after the referendum and will apply from 2029. The relevant committees of the National Council and Council of States have recommended rejecting the initiative and have decided not to propose an indirect counter-proposal.

IT law topics in the Council of States:

• 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 federal responsibility of the cantons and to work already underway to improve the data situation. Numerous statistics and studies on specific aspects already exist or are being prepared. National harmonisation 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.
• Parliamentary initiative ‘Distribution of radio and television licence fees’ and parliamentary initiative ‘Measures to promote electronic media’: Both parliamentary initiatives aim to specifically promote media diversity in Switzerland, particularly in peripheral regions and in the field of electronic media. The first initiative proposes an amendment to Article 40 of the Radio and Television Broadcasting Act (RTVA): the share of radio and television licence fees allocated to local and regional broadcasters is to be increased from 4–6 per cent to 6–8 per cent. This is intended to provide stable support for these providers even if their total revenues decline. In addition, general support measures, for example for training and further education institutions, news agencies and the Press Council, are to be expanded. The Federal Council supports the bill. The second initiative supplements these measures with a new chapter in the RTVA. It regulates the targeted promotion of electronic media, also financed by the licence fee, with a maximum of one per cent of total revenue. Support is to be given in particular to structures, not content: education, self-regulation and national news agencies. Both proposals were passed by a clear majority and will soon be debated in the Council of States.
• Interpellation ‘Strong increase in AI and blockchain applications. Impact on energy prospects’: The Federal Council is asked to analyse the impact of rising electricity demand from AI and blockchain applications on Switzerland’s energy supply. In view of the electricity shortage already forecast for 2050, the question is whether these technologies are taken into account in the energy perspectives and what measures are being taken to secure supply. The Federal Council confirms that the energy consumption of data centres is included in the energy perspectives, but emphasises the uncertainties in forecasting additional demand. An ongoing research project is expected to provide more accurate data. In the short term, the Federal Council is focusing on expanding renewable energies, while remaining open to all technologies in the long term and examining the lifting of the ban on new nuclear power plants, including SMR reactors (Small Modular Reactors). The interpellation will be dealt with by the Council of States in the 2025 summer session.
• Federal Council business ‘Approval of the addendum to the multilateral agreement between competent authorities on the AEOI on financial accounts and the multilateral agreement between competent authorities on the AEOI under the reporting framework for crypto-assets, and amendment of the Federal Act on International Automatic Exchange of Information in Tax Matters (AEOIA)’: The Federal Council’s bill to extend the international automatic exchange of information in tax matters (AEOI) provides for the implementation of two OECD standards: the update of the standard on AEOI on financial accounts and the introduction of a new reporting framework for crypto assets. The aim is to close gaps in tax transparency and ensure equal treatment with traditional financial assets. In addition, negligent breaches of reporting obligations are to be made a criminal offence and the admission of new AEOI partner countries is to be simplified. The consultation response was largely positive. In its detailed deliberations, the Council of States Economic Affairs and Taxation Committee rejected the extension of criminal liability to negligence by a majority, but supported the remaining elements of the bill. It recommends the provisional application of the international legal basis so that the AEOI on crypto assets and the new standards can take effect on 1 January 2026. The matter will be dealt with in the Council of States in the 2025 summer session.
• Postulate ‘Gaps in federal tax law regarding the taxation of platforms for ride-hailing and food delivery services’: The postulate specifically targets the VAT liability of these platforms, whose business models often circumvent their role as employers. However, according to two Federal Supreme Court rulings from 2022, ride-hailing and delivery services are to be classified as employees under labour law, which should also have tax implications. The postulate criticises the fact that circumventing this classification results in considerable tax revenue losses for the federal government. The Federal Council acknowledges the problem but emphasises the different objectives of private law, social security law and value added tax law. Since value added tax focuses on the person providing the service, platforms can legally remain exempt from tax if the services are allocated to individual drivers, even if they remain below the turnover threshold of CHF 100,000. It refers to ongoing developments at EU level and recommends that the postulate be accepted.
• Postulate ‘Financing innovation and preserving jobs in Switzerland’: The postulate calls on the Federal Council to produce a report analysing the reasons why Switzerland is losing influence in the marketing of innovative technologies despite high expenditure on research and development (around CHF 22 billion per year). The high proportion of foreign venture capital (up to 90%) in the financing of high-growth Swiss start-ups is particularly critical. The report is to compare international practices in the field of public and private innovation financing and identify ways in which investment in Swiss companies can be specifically promoted. A particular focus will be on the investment behaviour of pension funds. Although they have been allowed to invest up to 5% of their capital in venture capital since 2022, they make little use of this leeway. The report will analyse the obstacles that exist and what measures could be taken to encourage them to become more involved. Coordination with postulate 24.3009 on declining innovation activity is encouraged.
• Interpellation ‘Anticipating a global shortage in the semiconductor market with caution’: The interpellation addresses the global dependence on the semiconductor market and questions whether the federal government’s investment of CHF 26 million in the SwissChips initiative is sufficient in view of global developments. The interpellant points to massive investments by the US (USD 52 billion), the EU (EUR 43 billion) and China (over USD 40 billion) in this strategic sector and emphasises the dominant role of TSMC (Taiwan) in the global market. An escalation over Taiwan could have serious economic consequences. In addition, Switzerland is at a further disadvantage due to its exclusion from parts of the Horizon Europe programme (including quantum research and AI). In this context, the federal government’s participation in SwissChips, a project led by CSEM, EPFL and ETH Zurich, appears insufficient. Criticism is also levelled at the Federal Council’s stance on stockpiling strategic components, which it considers to be the responsibility of the private sector.
• Motion „You hang the little ones first, let the big ones go“ (Die Kleinen hängt man zu Hunderten auf, den Grossen lässt man laufen): The motion calls for an amendment to the Weapons Act in response to the increasing number of criminal proceedings against people who unknowingly order prohibited imitation weapons via online platforms such as TEMU or Amazon. The import of such products, such as slingshots or deceptively real toy weapons, is punishable without a licence, but many consumers are unaware of this because there are no corresponding notices on the platforms. To relieve the burden on the judiciary, either the sellers should be held liable or minor cases should be settled with simple fines. In addition, online retailers should be obliged to clearly label prohibited items for Switzerland. The Federal Council plans to revise the Weapons Ordinance to clarify the definition of imitation weapons that can be confused with real weapons. The aim is to limit criminal proceedings to high-risk cases. It does not currently consider a change in the law necessary, but emphasises the duty of consumers to inform themselves and is engaged in dialogue with foreign platforms to improve labelling. The matter is currently before parliament.
• 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 minimise 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 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 committee 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 latter are particularly controversial, among other things with regard to their scope and supervision. The draft on due diligence obligations is to be debated in the Council of States in the 2025 summer session.
• Federal Council business ‘Amendment to the Federal Personnel Act (BPG)’: With this revision of the Federal Personnel Act, the Federal Council wants to adapt federal personnel law to current requirements. Key aspects include strengthening data protection, in particular by creating a legal basis for profiling and high-risk profiling, and promoting digitalisation in human resources management. In future, it should also be possible to conclude employment contracts using advanced electronic signatures. Another focus is on reforming occupational pension: the Federal Council’s approval powers for changes to the regulations of decentralised administrative units will be restricted, while the Public Pension Fund Commission will now be solely responsible for determining benefits. This will resolve a conflict between the Federal Personnel Act and the Federal Act on Old Age, Survivors‘ and Disability Pension Provision. Further changes concern the protection of whistleblowers, disciplinary measures and greater flexibility in the termination of employment relationships. The National Council approved the bill by a large majority in its 2025 spring session. The Council of States‘ Political Institutions Committee also supported the bill, but made a change to the compensation in the event of unjustified dismissal. The bill is currently before the Council of States and the National Council is in the process of resolving differences.