SWITZERLAND Law and Practice Contributed by: Lukas Morscher, Lukas Staub and Jil Eichenberger, Lenz & Staehelin
9. Gaming Industry 9.1 Regulations
was published in the Federal Gazette on 9 Janu - ary 2025. It foresees, among other things, that: • the federal government will provide an app for smartphones in which the e-ID can be securely managed; • the federal government will be responsible for issuing the e-ID and will operate the infra - structure serving as a basis for the e-ID; • users will have the largest control possible over their data (self-sovereign identity) and data protection will be ensured, among other things, by the system itself (privacy by design) and by minimising the required data flows (principle of data minimisation) as well as by decentralised data storage; • the Swiss e-ID system will meet international standards so that it may also be recognised and used abroad in the future; • the use of an e-ID will be voluntary and free of charge; and • all authorities, including cantons and munici - palities, will be obliged to accept the e-ID when they conduct an electronic identification eg, when issuing a confirmation of residency or an extract from the debt enforcement register. The governmental infrastructure to be created for the purpose of the e-ID will also be made available for use by municipal and cantonal authorities as well as private parties. The Fed - eral Council plans to offer the e-ID as of 2026. On 6 December 2024, the Federal Council out - lined the principles for implementing Switzer - land’s new e-ID, SWIYU, in two stages. In the first stage, a secure trust infrastructure will be established. In the second stage, privacy protec - tions will be enhanced.
In Switzerland, gaming is regulated through gen - eral laws and the new Federal Act on the Pro - tection of Minors in respect of Films and Video Games (the “YPA”), which came into effect on 1 January 2025. The YPA introduces content and age restrictions for video games aiming to protect minors from harmful content, ensuring uniform labelling and control across the country. Game developers and providers share responsi - bility for this protection. The Swiss Gambling Act (the “SGA”) which came into effect on 1 January 2019 governs games with gambling elements, requiring devel - opers or publishers to obtain a licence for these games. This requirement only applies to games and players in Switzerland. Loot boxes have been a subject of concern, but the Swiss Federal Gaming Board (the “ESBK”) has not definitively classified them as gambling. As of January 2025, the ESBK maintains that loot boxes are a minor part of the gaming experience and not primarily a game of chance. Enforcement against inter - national companies is challenging and without substantial complaints, the ESBK is unlikely to alter its stance. Key legal challenges include enforcing age and content restrictions, regulating gambling ele - ments and addressing the potential addictive nature of loot boxes. Legislative amendments may be necessary to close enforcement gaps and introduce stricter penalties for non-compli - ance. 9.2 Regulatory Bodies Switzerland does not have a specific regulatory authority dedicated exclusively to overseeing the gaming industry. However, certain bodies
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