Artificial Intelligence (AI) is rapidly transforming Swiss society and economy. Since increasingly sophisticated systems are adopted, new challenges arise regarding transparency, traceability, and protection of fundamental rights.
On May 8, 2025, the Federal Data Protection and Information Commissioner (FDPIC) published an update on its position regarding AI and privacy on its website.
Since September 1, 2023, the revised Federal Act on Data Protection (FADP) has been fully applicable to automated processing based on AI. The FDPIC has already emphasized that the current legal framework offers adequate provisions to ensure the protection of personal data, even in the context of AI.
In the meantime, the Federal Council has initiated a process to define a specific regulatory approach to AI. On November 22, 2023, it tasked the Federal Department of the Environment, Transport, Energy and Communications (DETEC) and the Federal Department of Foreign Affairs (FDFA) with developing an overview of possible regulatory approaches. This overview was presented on February 12, 2025, outlining a strategy aimed at strengthening innovation, safeguarding fundamental rights, and building public trust in AI.
The Swiss approach foresees the integration of the Council of Europe’s Convention on AI into national law. Legislative changes will be sector-specific, with general regulation limited to areas crucial for fundamental rights, such as data protection. In addition to legislation, non-binding legal measures—such as self-declaration agreements and industry-led solutions—are being developed to ensure a flexible and adaptable application of rules.
What are the next regulatory steps?
By the end of 2026, the Federal Department of Justice and Police (FDJP), in collaboration with DETEC and FDFA, will be tasked with preparing a draft consultation to implement the AI Convention. This will define the necessary legal measures in the areas of transparency, data protection, non-discrimination, and oversight.
Switzerland is also committed to actively participating in the international governance of AI, contributing to the development of global standards and rules that reflect its values and interests. This commitment is part of the Swiss Digital Strategy 2025, which identifies AI as one of the key areas, alongside information security and the adoption of open-source solutions in the Federal Administration.
In conclusion, Switzerland is adopting a balanced approach to AI, combining the application of existing legislation with the development of new regulatory strategies. This approach aims to ensure that technological innovation progresses in harmony with the protection of fundamental rights and public trust.
What can Swiss companies do today?
While awaiting specific future regulations, organizations that develop or use AI can already adopt several good practices:
- Apply the FADP extensively to AI-based processing, ensuring transparency, data minimization, and security.
- Conduct Data Protection Impact Assessments (DPIAs) for high-risk automated processing.
- Provide clear and understandable information on how algorithms work and the rights of data subjects.
- Monitor regulatory developments and Federal Council initiatives to adapt promptly.
- Promote a responsible internal culture around the use of AI, through training and ethical guidelines.
Contact us for personalized advice and discover how to integrate AI in a secure, transparent, and legally compliant way under Swiss regulations.
