SWITZERLAND Trends and Developments Contributed by: Lukas Bühlmann, Michael Reinle and Michael Schüepp, MLL Legal
No specific rules for influencer marketing On 26 September 2024, the National Council rejected a motion that sought to introduce specific legislation on influencer advertising in Switzerland. The proposal aimed to create a legal basis to promote transparency and fairness and to empower a public authority to act proactively in cases where advertising is not clearly declared. The Federal Council had already recommended rejec - tion in May 2024. Referring to the existing provisions of the Unfair Competition Act and the self-regulation of the Swiss Commission for Fair Advertising, it con - sidered the current framework sufficient. The National Council followed this reasoning and vot - ed against the motion. As a result, the motion will not be implemented and the existing combination of stat - utory and self-regulatory rules will continue to apply. Future AI legislation On 12 February 2025, the Federal Council presented its position on future AI legislation in Switzerland. The Federal Council does not want Switzerland to intro - duce a comprehensive AI Act comparable to the EU’s AI Act. Instead, Switzerland shall pursue a sector- specific regulatory approach. The policy decision consists of three key points. • The AI Convention of the Council of Europe will be incorporated into Swiss law (the Federal Council signed the convention on 27 March 2025). • Where legislative amendments are necessary to achieve this goal, these shall be sector-specific as far as possible. General, cross-sector regulation should be limited to key areas relevant to funda- mental rights, such as data protection. • Alongside legislation, non-binding measures are also being developed to implement the convention. These may include self-declaration agreements or industry solutions. The Federal Council announced that a draft bill will be presented by the end of 2026. By then, the com - petent Federal Offices must prepare a consultation draft defining the legal measures required in particular areas such as transparency, data protection, non-dis -
supervisory authorities the power to intervene in cases of non-compliance. The key change for advertising is the introduction of more specific rules than those already contained in the Unfair Competition Act: insurers must refrain from cold calls made by employees or external partners. Cold calls are defined as initial contact with potential customers: • with whom no business relationship exists; • who have not been insured for more than 36 months; • who have exercised their opting-out right; or • where the contact is not based on a recommen - dation from a third party known to the potential customer. Violations of these rules may lead to fines of up to CHF100,000. Revision of the Tobacco Products Act Parliament has adopted a further revision of the Tobacco Products Act (TPA), introducing significantly stricter advertising and marketing restrictions with the declared aim of enhancing the protection of minors. The revision could still be challenged by a referendum; if this does not occur, the provisions are expected to enter into force at the end of 2026 or the beginning of 2027. The new rules include the following, in particular. • Internet and electronic media: advertising for tobacco products and e-cigarettes directed at the Swiss market will be prohibited in online media, apps and other electronic channels. An exception applies if effective age-verification systems are in place to ensure that minors cannot access the advertising. The law also obliges companies sell - ing such products online or via apps to implement age-control systems, with technical requirements to be set by the Federal Council. • Public places: advertising and sales promotions will be banned in publicly accessible areas where minors may be present, unless it can be guaran - teed that the material is neither visible nor acces - sible to them.
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