SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd
tion of data that are not used for professional purposes. • Lastly, it provides further relief for the plaintiff in relation to the disclosure of evidence by the defendant and the burden of proof of the defectiveness of the product if the plaintiff faces excessive difficulties. Since the Swiss Product Liability Act was aligned with the repealed Directive 86/374/EEC, an adaption of Swiss law to the PLD seems con - ceivable. However, the competent Swiss author - ity has not yet received a mandate to implement any changes of the EU revision into Swiss law. In the context of civil law, there is no “harmoni- sation” automatism so that a revision may only be initiated by a political decision. At the time of writing, such a decision has not yet been made. Companies are, however, advised to monitor any developments in this area. Sustainability Reporting and Due Diligence Obligations In recent years, the EU has introduced two direc - tives to strengthen corporate accountability and sustainability: (i) Directive (EU) 2022/2464 as regards corporate sustainability reporting (CSRD), and (ii) Directive (EU) 2024/1760 on corporate sustainability due diligence (CSDDD). • Under the CSRD large companies and small and medium-sized enterprises of public interest established in the EU must report comprehensively on sustainability topics in relation to their business activities, including ESG aspects. The aim of the Directive is to achieve transparency and comparability for investors and the public. • The CSDDD establishes a corporate due diligence duty. The core elements of this duty are identifying and addressing potential and actual adverse human rights and environ -
mental impacts in the company’s own opera - tions, their subsidiaries and those of their business partners. To fulfil their due diligence obligations the affected companies must, for example: (a) integrate adequate measures to identify, prevent and mitigate actual and potential adverse human rights or environmental impacts; (b) monitor, document and report on the due diligence measures taken; (c) adopt a transition plan for climate change mitigation; and (d) if not established in the EU, designate an authorised representative. The CSDDD applies to large EU and non-EU companies that exceed certain thresholds. Small and medium-sized enterprises are not directly affected by the CSDDD, but they may be impacted indirectly, for example as suppliers to larger companies. Following criticism regarding the bureaucratic and practical effort entailed by the CSRD and CSDDD, the European Commission is currently assessing further measures and has already pro - posed an omnibus package to ease the regula - tory burdens. The package includes measures to limit the scope of the CSRD, postpone its applicability for certain companies, simplify due diligence requirements under the CSDDD, and extend its transposition and application dead - lines. At the time of writing, the postponing pro - posals have already passed the EU legislative process (Directive (EU) 2025/794). The additional simplifications are currently under discussion in the Council of the European Union. While Swiss law also provides for due diligence and reporting duties in the fields of human rights
249 CHAMBERS.COM
Powered by FlippingBook