SWITZERLAND Trends and Developments Contributed by: Lukas Bühlmann, Michael Reinle and Michael Schüepp, MLL Legal
• Free consent: the FDPIC no longer insists in abso - lute terms that an “equivalent alternative” must always be available. An alternative without data processing is required only where it would oth - erwise be unacceptable for the user to forgo the service. While the guidelines provide welcome clarification under Swiss law, their significance should not be overstated. For many operators in Switzerland, EU law also applies, and those wishing to minimise risk should continue to follow the stricter EU requirements. SECO agreement with Temu In April 2025, SECO announced that it had reached an agreement with the online platform Temu. The settlement followed complaints lodged in 2024 by Swiss consumer and retailer associations alleging that Temu’s website, app and marketing emails were misleading. SECO confirmed that the case was closed after Temu made adjustments to its platform. The most important amendments include: • price comparisons – crossed-out reference prices now reflect the product price on Temu immediately before the reduction;
• seller information – the name, address and email of sellers are now provided; • user activity features – the “wheel of fortune” no longer appears; • scarcity statements – “Almost sold out” is dis - played when stock is between 99 and 20 units, with a control mechanism to ensure appropriate use (previously triggered between 199 and 20); • time-pressure tactics – prompts such as “Hurry up! Over x people have this article in their shopping cart!” have been removed or reduced (eg, “Flash offer”); and • marketing emails – emotional and time-pressuring phrases (eg, “We regret to inform you”, “Hurry, or you’ll miss out”) have been removed. With this agreement, SECO waives the right to take further action in relation to the “exchanged” facts and thus also waives the right to file a criminal complaint. The alleged violations therefore remain without sanc - tion for the time being. However, criminal complaints may still be filed by other market participants – in particular consumers – irrespective of SECO’s agree - ment.
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