The Federal Council wants to regulate AI in such a way that its potential can be used to strengthen Switzerland as a location for business and innovation. At the same time, the risks to society should be kept as low as possible. The Federal Council has decided to focus on the following parameters:

The AI Convention of the Council of Europe will be incorporated into Swiss law. It will apply primarily to state actors.
Where legislative changes are needed, they should be as sector-specific as possible. Only key areas relevant to fundamental rights, such as data protection, will be subject to general, cross-sectoral regulation.
In addition to legislation, non-legally binding measures will be developed to help implement the Convention. Measures may include self-disclosure agreements or industry solutions.

The regulation of AI will be based on three objectives: reinforcing Switzerland as a centre of innovation, safeguarding fundamental rights (including economic freedom), and increasing public trust in AI.

The Federal Council has decided on the following next steps. The FDJP will draft a bill for consultation with DETEC and the FDFA by the end of 2026. The bill will implement the Council of Europe's AI Convention by defining the necessary legal measures, in particular in the areas of transparency, data protection, non-discrimination and supervision. DETEC, together with the FDJP, the FDFA and the EAER, will also draw up a plan by the end of 2026 for further measures non-legally-binding measures. In particular, the compatibility of Switzerland's approach with that of its main trading partners will be taken into account. Internal and external stakeholders will be involved in this process.

The combination of legally binding and non-binding measures is intended to provide a more robust legal framework while taking into account the rapid development and potential of AI.

Report to the Federal Council: Overview of artificial intelligence regulation

In November 2023, the Federal Council mandated DETEC and the FDFA to prepare an overview of possible regulatory approaches to AI. The FDJP was also closely involved. This overview is based on a variety of fundamental analyses: a baseline legal analysis, an analysis of regulatory activity in each sector (sectoral analysis), and an analysis of AI regulation in other countries. Economic and European policy assessments were included in the respective analyses.

Baseline legal analysis: examines the effects and requirements of the European Council's AI Convention, the EU's AI Act and the up-to-dateness of selected areas of Swiss law.

Sectoral analysis: provides an overview of the existing and planned changes to federal law in various sectors.

Country analysis: presents the regulatory developments in 20 selected countries.

AI regulation: Federal Council to ratify Council of Europe Convention