SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd
Walder Wyss Ltd Seefeldstrasse 123
8034 Zurich Switzerland
Tel: +41 58 658 51 93 Fax: +41 58 658 59 59 Email: annemarie.lagger@walderwyss.com Web: www.walderwyss.com/en
The Current Legal Situation in Switzerland Against the Backdrop of Evolving Product Liability, Safety and Sustainability Regulations in the EU In the context of digitalisation, new technologies and ESG considerations, legislators have enact - ed, or are in the process of enacting, new laws. In the EU, several regulations have already been enacted or are currently being discussed. While Switzerland is not a member of the EU, it has adapted (and may continue to do so) its legisla - tion to new legal developments in the EU to facil - itate trade between the EU and Switzerland. This article provides an overview of some important developments in the EU and the corresponding current situation in Switzerland in the fields of product liability, safety and sustainability. GPSR and the Swiss Product Safety Act On 13 December 2024, Regulation (EU) 2023/988 on General Product Safety (GPSR) entered into force. It replaced the general prod - uct safety directive from 2001 and provided a new EU framework for general product safety in the context of digitalisation and e-commerce. The GPSR applies to products that are placed or made available on the (EU) market. “Product” means any item which is intended for consumers or is likely, under reasonably foreseeable con -
ditions, to be used by consumers even if not intended for them. This also includes products sold online or through other means of distance sales if the offer is targeted at consumers in the EU. The GPSR, for example, imposes the following obligations. • It provides for various obligations for eco - nomic operators. “Economic operators” means the manufacturer, the authorised rep - resentative, the importer, the distributor, the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market in accordance with the GPSR. As specific obli - gations for providers of online marketplaces are listed in the GPSR, they also fall under its scope of application. • It requires an EU-based economic operator fulfilling the obligations set out in Article 4 (3) of Regulation (EU) 2019/1020 on market surveillance and compliance of products. • It defines the required information to be included in the recall notice in the case of a product safety recall or a safety warning (Article 36 GPSR).
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