Implementation plan for non-legally binding measures under the Council of Europe AI Convention

Artificial intelligence (AI) has developed rapidly in recent years. Since the emergence of generative AI applications such as ChatGPT, AI has become increasingly relevant to the general public. While AI presents great opportunities for Switzerland as a business and innovation hub, it also introduces new legal challenges, particularly regarding transparency and the traceability of AI-driven decisions. On 12 February 2025, the Federal Council decided to regulate AI so as to maximise its potential for Switzerland's business and innovation landscape while minimising risks to society. The Federal Council's approach is guided by three key principles:

• The Council of Europe AI Convention will be incorporated into Swiss law, with its remit primarily encompassing state actors.
• Where legislative amendments are deemed necessary, these shall be sector-specific wherever possible. General, cross-sectoral regulation should be confined to critical areas pertaining to fundamental rights, such as data protection.
• In parallel with formal legislation, non-legally binding measures shall also be developed to implement the AI Convention. These may comprise self-disclosure agreements or industry-led solutions.

The present measure centres on the third principle outlined above. The Federal Council has instructed DETEC, working in collaboration with the FDJP, the FDFA and the EAER, to formulate a plan for additional non-legally binding measures by the end of 2026. The implementation plan must also assess the compatibility of Switzerland's approach with those of its main trading partners. The process will involve both federal and external stakeholders. This initiative is being developed in tandem with the one aimed at establishing legally binding measures. Together, the two types of measures will ensure a robust legal framework that takes account of the rapid development and potential of AI technologies.

12.2026: Submission of proposal for an implementation plan detailing non-legally binding measures under the Council of Europe AI Convention

https://www.bakom.admin.ch/bakom/en/homepage/digital-switzerland-and-internet/strategie-digitale-schweiz/ai.html