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Rules for a new technology

Switzerland is not a member of the European Union, and it has chosen its own path on AI rules: an international treaty, a new federal act still being drafted, and changes in specific sectors. Status as of 1 November 2026.

The Federal Council’s approach

On 12 February 2025 the Federal Council decided that Switzerland would ratify the Council of Europe Convention on Artificial Intelligence and make the changes to Swiss law that this requires, while continuing work on AI rules in particular sectors, such as healthcare and transport. In March 2025 Switzerland signed the convention.

Where things stand

Switzerland does not yet have an overarching law specifically on AI. The Federal Department of Justice and Police, working with the departments responsible for communications and for foreign affairs, is drafting an act covering transparency, data protection, non-discrimination, supervision and risk assessment. The public consultation on the draft is planned for spring 2027.

A second track covers non-binding measures. On 26 October 2026 the Federal Office of Communications (OFCOM) published a report on sector-specific AI measures and a guide for drawing up an AI code of conduct, and on 28 October 2026 the Federal Council took note of the progress made so far.

Existing law already applies

AI is not in a legal vacuum. The Federal Data Protection and Information Commissioner has stated that current data protection legislation applies directly to AI: when an AI system processes personal data, the ordinary rules on data protection apply.

The EU’s AI Act also reaches Swiss companies

The European Union chose a single, horizontal law, the AI Act (Regulation (EU) 2024/1689), which sorts AI systems by risk and sets obligations for each category. Most of its rules apply from 2 August 2026, including the transparency obligations in Article 50.

Being outside the EU does not mean being outside the AI Act. Providers are covered whether they are established in the EU or in a third country, and providers outside the EU are subject to it if the output of their AI system is used in the EU. A Swiss company that offers AI on the European market can therefore have to follow EU rules as well as Swiss ones.

Questions of AI, power and security are the subject of our Polish-language podcast AI Affairs.

Sources

  1. Swiss Federal Council, AI regulation: Federal Council to ratify Council of Europe Convention
  2. Swiss Federal Council, Switzerland signs Council of Europe Convention on Artificial Intelligence
  3. OFCOM (BAKOM), Artificial intelligence: regulation of AI in Switzerland
  4. Federal Data Protection and Information Commissioner, Current data protection legislation is directly applicable to AI
  5. EUR-Lex, Regulation (EU) 2024/1689 (Artificial Intelligence Act)
  6. AI Act Service Desk, Timeline for the implementation of the EU AI Act
  7. European Commission, Transparency obligations under Article 50 of the AI Act (FAQ)

Sources checked on: 1 November 2026

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