Your marketing team writes the newsletter with an AI tool. A customer in Zurich asks which Swiss AI law you follow. You search for a Swiss AI Act and find nothing with that name. This post explains why, and what applies to you today.
There is no Swiss AI Act today
Switzerland has no law written only for AI. The Federal Office of Justice says so on its own page.
The Federal Office of Justice states it in one line: "In der Schweiz gibt es aktuell keine spezifische Gesetzgebung zur KI." In plain words, Switzerland has no specific AI legislation at present. The page is dated 12 February 2025 and still said so on 21 October 2026.
That does not mean AI sits outside the law. A legal analysis by the same office, dated 31 August 2024, found that Swiss law already applies to AI.
What the Federal Council decided on 12 February 2025
The government chose a sector by sector route. General rules come only where basic rights are at stake.
On 12 February 2025 the Federal Council published its decision on AI regulation. Switzerland will ratify the Council of Europe AI Convention and amend its own law. The Council said the Convention "will apply primarily to state actors."
The heart of the decision is one approach. "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." So a bank and a hospital may each see rules in their own sector law.
It also plans measures that are not binding law. "Measures may include self-disclosure agreements or industry solutions." It named three goals: "reinforcing Switzerland as a centre of innovation, safeguarding fundamental rights (including economic freedom), and increasing public trust in AI."
The Convention and the draft due by end of 2026
Switzerland signed the Council of Europe AI Convention in 2025. A draft bill is due by the end of 2026.
On 27 March 2025 Federal Councillor Albert Rösti signed the Convention in Strasbourg. Its full name is the Council of Europe Convention on AI and Human Rights, Democracy and the Rule of Law. (re-checked on the admin.ch press release and coe.int, 21 October 2026).
The 12 February decision set a deadline. "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." (re-checked on admin.ch, 21 October 2026)
An expert group and a synthesis report of 28 November 2025 fed into the work. As of 21 October 2026, no consultation draft has been published. No draft text exists (re-checked on bj.admin.ch and admin.ch, 21 October 2026).
What the government said in 2026
In 2026 the Federal Council said it was too early to name changes. Private firms should still expect some duties.
On 20 May 2026 the Federal Council answered Interpellation 26.3414. It wrote: "Es ist noch zu früh, um konkrete Gesetzesanpassungen zu erwähnen." In plain words, it is too early to name concrete changes to the law.
The draft should also impose duties on private actors where fundamental rights have a direct or indirect horizontal effect. For private actors the Council relies on a mix of binding and non-binding measures. The aim is "ein mit der EU gleichwertiges Schutzniveau für Grundrechte", a level of protection for basic rights equal to the EU (re-checked on parlament.ch, 21 October 2026).
Earlier, on 10 February 2026, the Digital Switzerland Advisory Board discussed "voluntary commitment declarations by individual industries, codes of ethics and standards".
What applies to your company now
Existing Swiss law covers your AI use today. If you sell into the EU, the EU AI Act adds its own dates.
Until a Swiss bill passes, existing law still applies. Data protection law covers any personal data your AI tool handles. The Copyright Act (URG) applies to what you feed in and what you publish. The law on unfair competition and your contracts apply as before.
If you sell into the EU, the EU AI Act has its own dates. Article 50 applies from 2 August 2026 (re-checked on EUR-Lex, 21 October 2026). Under Article 50(1), a system that talks to people must say so unless that is obvious. Under Article 50(2), providers of systems "generating synthetic audio, image, video or text content, shall ensure that the outputs of the AI system are marked in a machine-readable format and detectable as artificially generated or manipulated."
Article 50(4) covers users too. If you publish a deep fake, you "shall disclose that the content has been artificially generated or manipulated". The same applies to AI text that informs the public on matters of public interest. We covered the labelling code of practice in an earlier post.
Keep a dated record of what your AI does
Write down what your AI systems do and how you label output. Seal each version so you can show what you did when.
The Swiss draft is not public, so build a record now. Write a short AI policy: which tools you use, for what, and how you mark AI output. Keep a label record for each piece you publish.
Then seal both in a folder on Swiss Trust Layer. At sealing, the platform computes a fingerprint of each file and sends only the fingerprint to Swisscom Trust Services. Swisscom signs it and adds a timestamp under RFC 3161. You get a certificate of proof, a signed PDF. It carries a QR code to a public verification page that needs no login.
When the policy changes, use Add new Version in the folder. Each version keeps its own seal. You can also declare a content label per file under the ProLitteris Content Label Terms v1.2, for example AI GENERATED or HUMAN APPROVED. Labels need identity verification and are a self-declaration. Whatever the draft brings, you can show what you wrote down and when.
What a seal does and does not do
A seal dates a document. It does not make the content lawful or compliant.
A seal proves this exact file existed at that moment and has not changed since. It does not prove who created the content, that it is true, or that the sealer holds the rights. It does not create copyright, which arises when the work is created. A sealed AI policy shows what you decided and when, not that it meets any law.
Seal your AI policy and your label record on Swiss Trust Layer today, and add a new version each time they change: start with your first sealed folder.
