SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger, Amina Chammah and Isabell Schellhas, Walder Wyss Ltd
nance (PSO) accordingly. Since the PSA transposed the former EU general product safety directive into Swiss law in order to reduce technical barriers to trade by harmonising legislation with the rules of the EU, the revised Swiss Product Act shall incorporate the essential elements of the GPSR to maintain existing harmonisation to facilitate trade and secure continued access to the EU market. A first draft of the revised legislation was submitted for public consultation in June 2026. The proposed amendments address, in particular, e-commerce, market surveillance, national and international co-operation, access to European information and alert systems, and data protection. The partial revision aims to ensure that the Product Safety Act continues to provide a level of product safety equivalent to that of the EU. At the same time, it is intended to facilitate access for Swiss exporters to the EU internal market. Even though the revision of the PSA is still pending, Swiss companies operating in the EU or in Switzer - land should be familiar with the GPSR, as the GPSR is relevant for them, either directly because of their EU business or indirectly due to the expected change in Swiss law. In the meantime, differences between the EU and Swiss legal systems should be considered from a practical perspective: eg, Switzerland is not a member of the EU “Safety Gate” system, formerly known as RAPEX, which enables the rapid exchange of information on dangerous non-food products in the EU. Therefore, any corrective measures (including recalls if necessary) must be co-ordinated separately with the respective surveillance authorities in the EU and Switzerland. EU Directive on Liability for Defective Products and the Swiss Product Liability Act On 8 December 2024, Directive (EU) 2024/2853 on liability for defective products (PLD) entered into force, requiring EU member states to implement it into their national laws by 9 December 2026. With its entry into force, the existing system on product liability, under which producers compensate consumers for damage caused by defective products, has been updated to reflect developments linked to the transition towards a circular and digital economy as well as the rise of AI. The PLD provides a number of important provisions.
• It provides for the inclusion of software in the defi - nition of “product”, excluding, however, free and open-source software that is developed or sup - plied outside the course of a commercial activity. • The PLD also provides for the enlargement of the pool of potentially liable parties: eg, liability of online platforms for defective products under certain circumstances. In addition to the manufac - turer of a defective product, the manufacturer of a defective component can also be held liable. Since “component” means any item, whether tangible or intangible, or raw material or any related service, that is integrated into, or inter-connected with, a product, liability can also extend to service provid - ers such as data providers. For defective products manufactured outside the EU, the importer, the authorised representative of the manufacturer or the fulfilment service providers can be held liable. • In terms of damages, the PLD provides compensa - tion for the destruction or corruption of data that are not used for professional purposes. • Lastly, it provides further relief for the plaintiff in relation to the disclosure of evidence by the defendant and the burden of proof of the defective - ness of the product if the plaintiff faces excessive difficulties. Since the Swiss Product Liability Act was aligned with the repealed Directive 86/374/EEC, an adaption of Swiss law to the PLD seems conceivable. However, the competent Swiss authority has not yet received a mandate to implement any changes of the EU revision into Swiss law. Companies are, however, advised to monitor any developments in this area. Sustainability reporting and due diligence obligations In recent years, the EU has introduced two directives to strengthen corporate accountability and sustaina - bility: (i) Directive (EU) 2022/2464 as regards corporate sustainability reporting (CSRD), and (ii) Directive (EU) 2024/1760 on corporate sustainability due diligence (CSDDD). Following criticism regarding the bureaucratic and practical effort entailed by the CSRD and CSDDD, the EU adopted Directive (EU) 2025/794 as a first “stop-the-clock” measure and subsequently Directive
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