Product Liability and Safety 2025

SWITZERLAND Law and Practice Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd

shall also be implemented in order to grant access to new products and create a compara - ble level of safety to that in the EU. In relation to veterinary medicinal products, the partial revi - sion aims to ensure equivalence of the Swiss law with EU law and to guarantee market access to novel and innovative therapies. AI Legislation Currently, Swiss law does not provide for com - prehensive legislation on AI. However, in Febru - ary 2025, the Federal Department of the Environ - ment, Transport, Energy and Communications (DETEC) and the Federal Department of Foreign Affairs (FDFA) submitted a report to the Federal Council outlining possible regulatory approach - es to AI. Following this report, the Federal Council has decided to incorporate the Council of Europe’s Framework Convention on Artificial Intelligence (the “AI Convention” ) into Swiss law. The AI Convention is an international legal framework which aims to ensure that activities within the lifecycle of AI systems are fully aligned with human rights, democracy and the rule of law. It outlines legal principles to ensure, among others, human dignity and individual autonomy, transparency, equality and non-discrimination, and respect for privacy and personal data pro - tection. Signatory states are required to imple - ment measures that ensure AI systems are developed, deployed and monitored in compli - ance with these principles, including setting up supervisory authorities and providing effective legal remedies. The AI Convention was signed by Switzerland on 27 March 2025.

Going forward, the Federal Department of Justice and Police (FDJP), DETEC and FDFA will prepare a consultation draft by the end of 2026 to imple - ment the AI Convention into Swiss law, focusing on transparency, data protection, non-discrimina - tion, and supervision. An additional implementa - tion plan will address non-legislative measures (ie, publication of guidelines). This interplay between binding rules in key areas and flexible guidelines in other areas is intended to create a balance between the need for a stable legal framework and the flexibility required to promote responsible AI innovation and ensure Switzerland’s competi - tiveness in the global market. The Federal Coun - cil plans to focus initially on regulating the public sector but will also impose obligations on private actors where necessary. Plant Protection Products Ordinance A comprehensive revision of the Plant Protec - tion Products Ordinance is planned, aiming to align the ordinance with EU legislation (Regula - tion (EC) 1107/2009). Under the proposed draft, active ingredients approved in the EU will be considered approved in Switzerland, though exceptions may apply. The draft also simplifies the authorisation of plant protection products already approved in EU member states and includes provisions for environmental organi - sations’ involvement in the approval process. Additionally, a new digital system for submit - ting and processing authorisation applications and recording sales volumes of plant protection products will be introduced. Authorisation fees will significantly increase to cover the related costs. The legislative process for these amend - ments is currently underway (June 2025).

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