SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger, Amina Chammah and Isabell Schellhas, Walder Wyss Ltd
Walder Wyss Ltd Seefeldstrasse 123
8034 Zurich Switzerland
Tel: +41 58 658 51 93 Fax: +41 58 658 59 59 Email: annemarie.lagger@walderwyss.com Web: www.walderwyss.com/en
The Current Legal Situation in Switzerland Against the Backdrop of Evolving Product Liability, Safety and Sustainability Regulations in the EU In the context of digitalisation, new technologies and ESG considerations, legislators have enacted, or are in the process of enacting, new laws. In the EU, sev - eral regulations have already been enacted or are currently being discussed. While Switzerland is not a member of the EU, it has adapted (and may continue to do so) its legislation to new legal developments in the EU to facilitate trade between the EU and Switzer - land. This chapter of the guide provides an overview of some important developments in the EU and the corresponding current situation in Switzerland in the fields of product liability, safety and sustainability. GPSR and the Swiss Product Safety Act On 13 December 2024, Regulation (EU) 2023/988 on General Product Safety (GPSR) entered into force. It replaced the general product safety directive from 2001 and provided a new EU framework for general product safety in the context of digitalisation and e-commerce. The GPSR applies to products that are placed or made available on the (EU) market. “Product” means any item which is intended for consumers or is likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them. This also includes products sold online or through other means of distance sales if the offer is targeted at consumers in the EU. The GPSR, for example, imposes the following obli - gations.
• It provides for various obligations for economic operators. “Economic operators” means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufac - ture of products or making them available on the market in accordance with the GPSR. As specific obligations for providers of online marketplaces are listed in the GPSR, they also fall under its scope of application. • It requires an EU-based economic operator fulfilling the obligations set out in Article 4 (3) of Regulation (EU) 2019/1020 on market surveillance and compli - ance of products. • It defines the required information to be included in the recall notice in the case of a product safety recall or a safety warning (Article 36 GPSR). • It requires economic operators responsible for a product safety recall to offer consumers effective, cost-free and timely remedies, which include at (b) a replacement of the recalled product with a safe one of the same type and at least the same value and quality; or (c) an adequate refund of the value of the recalled product, provided that the amount of the refund shall be at least equal to the price paid by the consumer. The State Secretariat for Economic Affairs, ie, the responsible Swiss authority, is now analysing the GPSR and will partially revise the Swiss Product Safety Act (PSA) and the Swiss Product Safety Ordi - least two of the following remedies: (a) the repair of the recalled product;
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