SWITZERLAND Law and Practice Contributed by: Lukas Morscher, Lukas Staub and Jil Eichenberger, Lenz & Staehelin
IP and Fundamental Rights ). In particular, there are no age restrictions for social media use, nor specific rules governing data monetisation. However, data monetisation is permissible within the framework of lawful data processing under existing laws. In recent years, experts in Switzerland have raised concerns related to social media plat - forms, including concerns over the lack of trans - parency in algorithms, as well as the spread of hate speech, false information and conspiracy theories. These issues highlight the growing need for oversight of social media platforms. Although the Federal Council initially deemed social media-specific regulation unnecessary in 2017, its stance evolved in 2023 following international developments like the European Digital Services Act. The OFCOM was tasked with drafting a proposal for regulation aimed at ensuring transparency and accountability in algorithmic recommendations, implementing user-friendly reporting and complaint mecha - nisms and introducing enforcement measures with sanctions for non-compliance. Although the proposal was initially expected by the end of 2024, its completion has been delayed and remains pending as of January 2025. 10.2 Regulatory and Compliance Issues Switzerland does not have a dedicated authority exclusively overseeing social media platforms. However, the FDPIC ensures compliance with Swiss data protection laws in the digital sphere, including social media and provides guidance, recommends measures to address violations and conducts investigations. It has issued rec - ommendations emphasising transparency and user consent for handling personal data on social media. Courts also play a role in enforc - ing individual rights under data protection and
will in most cases not meet this threshold, as they lack the necessary originality. Trade Marks for Virtual Goods and Assets On 1 January 2024, the Swiss Federal Institute of Intellectual Property (the “IIP”) published updat - ed guidelines addressing trade marks for virtual goods, assets and non-fungible tokens. These guidelines define virtual goods as non-physical items used in virtual environments and classify them under Class 9, like other downloadable digital goods. For trade mark applications, it must be specified that virtual goods are “down - loadable” and described with the same preci - sion required for physical goods. Additionally, the updated guidelines incorporate the new rule from Section 4.2, Part 2, of the General Remarks of the Nice Classification regarding services pro - vided in virtual environments. The method of delivering a service, virtually or physically, generally does not affect its classifi - cation. However, if the delivery method affects the service’s purpose or result, this distinction becomes relevant. For example, transportation services in Class 39, catering services in Class 43 and material processing in Class 40 serve different purposes in virtual environments and must be classified accordingly using terms like “simulated”, “in a virtual environment” or “for entertainment purposes”. 10. Social Media 10.1 Laws and Regulations for Social Media Switzerland lacks specific legislation regulat - ing social media platforms, instead applying general legal principles such as data protection laws and personality rights under the Swiss Civil Code (see also 3.1 Liability, Data Protection,
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