Framework conditions

In conformity with the Digital Switzerland strategy, a dialogue on networking all stakeholder groups is being launched along with the charter. This dialogue is intended to nurture a shared awareness which promotes cooperation, to indicate areas where action is required and lastly to implement the strategy.

Digital information exchange between the social security agencies in Switzerland and EU/EFTA member states. Integration of the EU’s EESSI project in Switzerland.

Digitalisation also represents a challenge for the federal administration in its function as an employer. It must overhaul and adapt its structures, systems and processes. Missions change; flexible interdisciplinary approaches are increasingly in demand. The changing ranges of tasks and professional profiles pose new demands on employees and managers.

In order to enable the federal administration to continue to attract and retain sufficient personnel and provide attractive working conditions in the future, the Federal Council is establishing the conditions necessary for this by means of the personnel strategy. Only with efficient and motivated personnel can the federal administration fulfil its mission and provide an efficient and top-quality public service.

On 14 December 2018, the Federal Council adopted the eHealth 2.0 strategy. The eHealth Switzerland 2.0 strategy replaces the one adopted in 2007 and runs from 2018 to 2022. It was developed together with the cantons and implemented jointly with them. The strategy comprises the three fields of action "Promoting digitisation", "Coordinating digitisation" and "Enabling digitisation" with objectives and measures of the Confederation and the cantons to disseminate the electronic patient record and to coordinate digitisation around the electronic patient file.

The WTO provides an important legal and institutional framework for establishing global rules for digital trade in the longer term. Since May 2019, around 80 WTO members, including Switzerland, have been negotiating clarifications and additions to the WTO rules regarding digital trade as part of a plurilateral initiative (Joint Statement Initiative on E-Commerce). The aim of the negotiations is to promote digital trade by avoiding unnecessary trade barriers and unjustified protectionism, while at the same time developing common basic principles for domestic regulation. Switzerland actively participates in the WTO negotiations, represents its interests and advocates balanced solutions in the interests of sustainable development.

With SECO's support of the GovTech Global Partnership programme, Switzerland is making an important contribution to the international discussion on the future of the digital space and its governance, particularly with regard to optimised government service delivery and efficient and transparent governance. Specifically, through this initiative, it supports the provision of public goods as well as the development of specific know-how and best practices related to the use of new, technological solutions.

As a shareholder of the World Bank Group, Switzerland influences the frameworks, concepts and principles of the institution, including those relating to digitalisation. In this way, Switzerland makes an important contribution to the international discussion on how the World Bank Group can support countries in the positive and negative consequences of technological change.

The FSO's National Data Management Programme (NaDB) promotes common standards for the multiple use of data in public administration. The main aim is that people and businesses should only have to provide certain details to the authorities once (once only principle).

The measure supports the semantic interoperability of data. The primary aim is to enable the data to be reused. This is to be achieved by consistently describing the same content in the same way, thereby data can be exchanged between administratives offices and used for different tasks.

Switzerland participates in international discussions on data policy in various forums (in particular the CSTD Working Group on Data Governance and the OECD Working Party on Data Governance and Privacy). In particular, it advocates for the establishment of digital self-determination as a globally recognised data usage concept. The aim is to promote the use of data to foster innovative, fair and sustainable societies without undermining individual data protection.

The measure is intended to ensure that the Federal Council is informed about developments in EU digital policy and the consequences for Switzerland, and that it can take appropriate measures if necessary.

The primary goal is continual monitoring of legislation on digital policy in the EU. This will be supplemented with a detailed analysis every two years.

An interdepartmental coordination group led by DETEC (OFCOM) and the FDFA (STS Europe Division) will carry out these tasks. The group will discuss current developments regularly and carry out an analysis every two years.

This will advance Digital Switzerland by making it possible to anticipate regulatory developments and their consequences for Switzerland. This in turn will enable the Federal Council and the responsible federal offices to take advantage of the opportunities afforded by digital markets and to reduce the risk of international exclusion.

This measure is intended as a new data use concept capable of strengthening trust in data spaces, thus further promoting digital self-determination and the exchange of data.

Specifically, a voluntary code of conduct will be created for data space providers in Switzerland.

This will be accomplished by involving all relevant stakeholders and through coordination by the federal government. The joint code of conduct is to establish a number of recommendations and measures to ensure the trustworthy provision of data spaces.

This will advance Digital Switzerland by defining the framework conditions and basic principles of a trustworthy and sustainable data society.

Experiences from the controls of equal pay in procurement and subsidies at the federal, cantonal and municipal levels have shown that companies "without a (transparent) pay system" have larger unexplained gender pay gaps than companies with systematised pay systems. Furthermore, studies based on data from the wage structure survey show that there are higher unexplained wage differences in small companies.

A lack of a wage system in smaller companies can sometimes be a reason for this phenomenon. Designing and introducing a formalised wage system can be associated with a high level of internal effort as well as external consultancy costs, which can have a deterrent effect on smaller companies in particular.

For this reason, the Confederation's standard analysis tool, the online application Logib, has been supplemented with a functionality that allows small and medium size enterprises to independently create the foundation of a simple pay system, based on functions: Logib pay system. By consistently evaluating positions against their requirements and demands and designing the pay bands accordingly, one reduces the risk of pay discrimination. In this way, the constitutional requirement of equal pay for equal work or work of equal value can be taken into account - an important basis for achieving the constitutionally stipulated equal pay in Switzerland.

Logib pay system is an easy-to-use digital application that meets the needs of today's users.

Motion 22.3890 instructs the Federal Council to create the basis in a framework legislation so that specific infrastructures for the secondary use of data in strategically relevant areas can be quickly initialised and established. This is intended to exploit the potential for reusing data while still complying with the principles of data protection law (in particular the purpose limitation principle).

The Federal Council has examined the developments, opportunities and problems presented by artificial intelligence. It has tasked DETEC with presenting possible regulatory approaches to artificial intelligence by the end of 2024. All federal offices responsible for the relevant areas of law are to be involved.

The analysis will be based on existing Swiss law and will show which regulatory approaches are compatible with the EU Regulation on Artificial Intelligence (AI Act) and with the Council of Europe Convention on Artificial Intelligence. Both regulations, which contain binding horizontal rules on artificial intelligence, are relevant to Switzerland. They are scheduled to come into force in spring 2024. The regulatory requirements will be examined with particular attention paid to respect for fundamental rights. Technical standards and the financial and institutional consequences of the various approaches will also be taken into account.

In conducting this analysis, the Federal Council is seeking to create the basis for issuing a firm mandate for an AI regulatory project in 2025 and defining responsibilities.

The aim of the measure is to identify possible regulatory approaches to artificial intelligence and examine what form regulation could take. It therefore seeks to improve approaches to AI in Switzerland. First and foremost, the aim is to draw up an overview of possible regulatory approaches in the field of AI. This should be completed by the end of 2024.

The measure is of relevance for digital Switzerland because it addresses the subject of AI.

In its report 'Digital finance: areas of action 2022+', the Federal Council sets out 12 areas of action with specific measures. The new Swiss Financial Innovation Desk (FIND) was established as one of these measures.

FIND actively facilitates dialogue between stakeholder groups such as financial institutions, consumers, vendors, innovative start-ups, global technology firms, academia and operators of decentralised networks. Where there is a need and demand, it also coordinates with the various public authorities.

The primary focus of FIND is to promote cross-cutting themes to consolidate Switzerland's position as a competitive financial centre, e.g. use of data, clouds, distributed ledger technology, cybersecurity, artificial intelligence, green fintech, teaching and research.

To achieve this, it seeks to provide or develop the necessary impetus and recommendations for optimum framework conditions.

This benefits Digital Switzerland as a whole: the use of new digital technologies results in new products and opens the door for new players on the financial markets. In turn , this can help make them more efficient, transparent, cost-effective and customer-centred.

The Federal Council is interested in the developments, opportunities and problems presented by artificial intelligence. It has tasked DETEC with presenting possible regulatory approaches to artificial intelligence by the end of 2024. This analysis of AI regulation in various countries around the world forms part of the basic analyses for this overview. This analysis of regulatory objectives and approaches will provide insights into how AI is regulated abroad and how Switzerland could learn from this to define the desired legal framework with regard to AI.

The aim is to present international regulatory approaches to artificial intelligence and to see how regulations could be developed in Switzerland.

In the first instance, this analysis of regulatory objectives and approaches will provide insights into how AI is regulated abroad and how Switzerland could learn from this to define the desired framework with regard to AI. The aim is to achieve this through a review of the current situation, which should be available by the end of 2024.

The measure is useful for Digital Switzerland because it is also affected by AI.

The Federal Council is interested in the developments, opportunities and problems presented by artificial intelligence. It has tasked DETEC and FDFA with presenting possible regulatory approaches to artificial intelligence by the end of 2024. The purpose of this legal analysis is to take stock of the situation and to examine the possible need to amend Swiss legislation.

The aim is to present possible regulatory approaches to artificial intelligence and to see how regulations could be developed. This measure therefore seeks to improve approaches to AI in Switzerland.

The first step is to examine the main legal issues, particularly in light of the obligations arising from the CAI Convention (the Council of Europe Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law) and the EU AI Act. The analysis is therefore not intended to be exhaustive. It also covers international and federal law, but not cantonal law.

The aim is to achieve this through a review of the current situation, which should be available by the end of 2024.

The measure is useful for Digital Switzerland because it is also affected by AI.

At its meeting on 22 November 2023, the Federal Council asked DETEC and the FDFA to draw up an overview of possible regulatory approaches in the field of AI. This assessment must be presented by the end of 2024 at the latest. In particular, it will have to provide a brief overview of the regulatory needs already identified in certain sectors and indicate the timetable for any work.

Until now, Switzerland has taken the view that any regulatory measures relating to AI should be taken in the sectors concerned. Amendments to existing sector-specific legislation are therefore the responsibility of the offices concerned. The purpose of this questionnaire is to identify regulatory activities in the various sectors. It also makes it possible to identify aspects of AI that could be addressed more specifically in the context of horizontal, i.e. cross-sectoral, regulation.

First and foremost, the aim is to provide an indication of how AI is regulated in the various sectors. This will be achieved through a review of the current situation, which should be available by the end of 2024.

The measure is useful for Digital Switzerland because it touches on the subject of AI.

An ICT sub-strategy is being drawn up on behalf of the Federal Council in accordance with Art. 17 DTIO, which addresses the use of AI systems within the Federal Administration. The AI sub-strategy formulates the Federal Administration's requirements for the use of AI systems, defines the benefits and sets out guiding principles. Three fields of action comprise prioritised objectives in the areas of skill building, earning trust and increasing efficiency. The measures are being implemented in close cooperation with the departments and administrative units.

The report analyses relevant developments on the labour market in connection with digitalisation since the last monitoring report from 2022.

In its labour market policy, the Federal Council pursues the goal of ensuring the highest possible labour market participation and a high quality of employment relationships. The monitoring report serves to identify opportunities and risks at an early stage.

This is to be achieved by recording and analyzing relevant developments on the labor market. This benefits Digital Switzerland, as the report provides a solid basis for decision-making on labour market policy in connection with digitalisation.

Switzerland negotiates rules on digital trade as part of its economic agreements (in particular free trade agreements). The aim is to improve digital trade and improve legal certainty.

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.

The use of artificial intelligence (AI) has become widespread in recent years and has gained importance among the general public. This development brings with it societal and legal challenges. At the international level, frameworks such as the Council of Europe AI Convention and the EU Regulation on AI have been adopted. Switzerland currently has no legislation of its own in this area.

On 12 February 2025, the Federal Council took a decision in principle on Switzerland's future AI regulations. The aim is to reinforce Switzerland's position as an innovation hub, ensure the protection of fundamental rights and increase public confidence in AI. The Federal Council has expressed support for regulations that would enable the ratification of the Council of Europe AI Convention. Legislation in this field should remain sector-specific wherever possible. General, cross-sectoral regulation should be confined to relevant core legal domains. According to the Federal Council's decision, non-binding measures – such as guidelines or declarations of intent – may also contribute to the implementation of the AI Convention.

The FDJP has been tasked with developing preliminary draft legislation for external consultation by the end of 2026, working in collaboration with DETEC, the FDFA and other interested units. This draft shall particularly address issues relating to transparency, data protection, non-discrimination and supervision.

The AI sub-strategy sets out the Federal Administration’s requirements for the use of AI systems, the benefits and the guiding principles for action. It defines prioritised objectives within three fields of action: ‘Developing skills’, ‘Earning trust’ and ‘Increasing efficiency’. The implementation plan contains the measures required to implement the AI strategy in practice. These include a Confederation-wide assessment of AI’s potential for optimising processes, stronger coordination of the activities in the Competence Network for AI, creation of an employee manual on the use of AI systems and development of core documents on the legal framework. The measures will be implemented in close cooperation with the departments and administrative units.