SWITZERLAND Law and Practice Contributed by: Hugh Reeves, Jürg Schneider and David Vasella, Walder Wyss Ltd
to issue any additional topical legislation on cybersecurity in the near future. On the contrary, the federal government has been following the National Strategy for the Protection of Switzer - land Against Cyber Risks (NCS). The NCS was last updated in April 2023. The strategy sets out the objectives and measures with which the federal government and the can - tons, together with the business community and universities, intend to counter cyberthreats. A steering committee has been established to plan and co-ordinate the implementation of the strat - egy. The revised NCS builds on previous strat - egies, adding content and precision. It defines 17 measures, each contributing to five strategic objectives, namely: • self-empowerment (Switzerland is to expand its position as one of the world’s leading knowledge, education and innovation loca - tions in relation to cybersecurity); • securing digital services and infrastructures (Switzerland is to implement measures to strengthen cyber-resilience); • ensuring effective detection, prevention, man - agement and defence against cyber-incidents (Switzerland is to ensure the capacities and organisational structures necessary to quickly identify cyberthreats and incidents, and mini - mise damage, are in place); • combatting and prosecuting cybercrime effectively (Switzerland is to expand its ability to identify threat actors and prosecute them); and • maintaining a leading role in international co- operation (Switzerland is to foster an open, free and secure cyberspace and compliance with international law in the digital space). However, the NCS does not foresee the imple - mentation of a dedicated cybersecurity legisla -
tion, instead focusing on modernising various pre-existing laws. The updated NCS is testimony to the continued growth in relevance of cyber - security in Switzerland, as well as perhaps the increased global threat posed by cyber-risks. A further manifestation of the government’s interest in cybersecurity is another governmen - tal venture, the Digital Switzerland Strategy. The Digital Switzerland Strategy sets guidelines for Switzerland’s digital transformation, and is updated annually by the Federal Council, each time with three focus topics. It is binding on the federal administration and provides guidance for other stakeholders involved in digitalisation. The first draft was published in 2016, and updates arrived in 2018, 2020 and 2023. On 13 December 2024, the Federal Council adopted the updated Digital Switzerland Strategy for 2025, with a focus on artificial intelligence (AI), strengthening cybersecurity and promoting open source in the federal administration. In 2023, the Federal Council approved the new Digital Administration Switzerland Strategy 2024–27, which defines the fields of action to be prioritised in order for the confederation, cantons and cities and municipalities to joint - ly determine how the digital transformation of administrations is to be driven forward. A sec - ond strategy approved by the Federal Council is the digital federal administration strategy, which creates a framework for digital transformation projects in the federal administration. 1.2 Regulators The FDPIC is a body established on a federal level under the FADP. The FDPIC supervises compliance with the FADP and other federal data protection legislation by federal bodies and advises private bodies. On its own initiative, or at the request of a third party, the FDPIC may
419 CHAMBERS.COM
Powered by FlippingBook