AI and the law in Switzerland. Does it concern you?
No alarmism: what already applies, what is coming, and what does not concern you. For an SME, an accounting firm or a wealth manager, in ten minutes of reading.
Up to date as of 23 October 2026.
Three things to remember.
- Already in force
The Federal Act on Data Protection (FADP) already applies.
Since 1 September 2023, the FADP has applied to every AI tool that processes information about people. The Federal Data Protection and Information Commissioner (FDPIC) pointed this out in 2023, then again in 2025.
- If you serve the EU
The EU AI Act may reach you.
The European regulation also applies to a Swiss company when its AI systems, or their outputs, are used in the European Union. Its transparency rules have applied since 2 August 2026.
- Not yet
Switzerland has no AI law.
In February 2025, the Federal Council chose to adapt existing laws rather than copy the AI Act. A preliminary draft is expected at the end of 2026. No entry-into-force date is set.
Six situations. Which one is yours?
If you recognise yourself in one of them, a rule already applies to you, or soon will.
Your employees use a consumer AI assistant with their own account.
What appliesThe company remains responsible for the data an employee pastes into a tool, even a free one. If the tool sends it outside Switzerland, the country must offer adequate protection, or safeguards are needed (Art. 16 FADP).
What to doRead the lesson “AI charter”A clear AI use policy: which tools, for which tasks, and the data that never goes in. And a professional alternative for the real need.
You entrust client data to an AI tool.
What appliesThe provider becomes your processor (Art. 9 FADP): you need a contract, and it may process the data only as you would yourself. Your clients must know to whom, and in which countries, their data goes (Art. 19 FADP).
What to doWhere does your data go?Check the contract, the hosting, the retention period and training on your data. Update your privacy statement.
Your profession is bound by secrecy.
What appliesLawyers, notaries, doctors and auditors are bound by secrecy under the Swiss Criminal Code (Art. 321). Wealth managers are bound by the Financial Institutions Act (Art. 69 FinIA), which also punishes negligence. Accounting firms are bound by the duty of confidentiality (Art. 62 FADP) and by business secrecy.
What to doAI on your premises: Comoto Enterprise OSAsk the real question: am I allowed to entrust this information to a third party? No client data in a consumer tool. An AI installed on your premises, hosting you control, or the client’s written consent.
You are a wealth manager or a supervised institution.
What appliesFINMA expects AI governance proportionate to your size (Guidance 08/2024): an inventory, a risk classification, quality data, testing, documentation and explainable results.
What to doAI for wealth managersBe able to show your supervisory body where AI is used, who is accountable and how a result was reached.
A tool helps you sort candidates or decide for people.
What appliesIf an important decision rests only on automated processing, the person must be told and can ask for a human to review it (Art. 21 FADP). If the job or the client is in the EU, recruitment and creditworthiness are classed as “high risk” by the AI Act.
What to doA human decides, and the person knows it. For high-risk processing, an impact assessment before you start (Art. 22 FADP).
You have clients in the EU, a chatbot or generated content.
What appliesThe AI Act requires telling people they are dealing with an AI, and labelling manipulated images, audio or video (Art. 50). Systems already on the market before 2 August 2026 have until 2 December 2026 to mark generated content.
What to doA clear notice on the chatbot, a marking of generated content, and the list of your uses that touch the EU.
And if nothing applies to you? A Swiss SME that uses an assistant internally, for a purely Swiss use, is in principle outside the scope of the AI Act. The FADP, however, applies in every case.
The timeline, dated.
See the history
The new Federal Act on Data Protection (FADP) comes into force. It applies to AI.
FINMA publishes its expectations on AI governance (Guidance 08/2024).
AI Act: prohibited practices and AI literacy of staff (Art. 4).
The Federal Council chooses to adapt Swiss law and to ratify the Council of Europe convention on AI.
AI Act: transparency rules (chatbots, manipulated content).
AI Act: marking of generated content for systems already on the market.
Preliminary draft bill announced by the Federal Department of Justice and Police, followed by a consultation.
AI Act: high-risk uses (recruitment, creditworthiness, education).
EU Regulation 2026/1744 (the “Omnibus”) postponed the high-risk rules in July 2026 and eased Article 4. The Swiss dates at the end of 2026 remain an announcement.
See clearly, in two weeks.
The AI Review lists how you use AI, tells you what really concerns you, and gives you an AI use policy and a plan. Fixed price, announced at the first call.
- The inventory of your AI tools
- The map of your data
- Your AI use policy
- The plan, in order of priority
Your questions, in plain words.
Does a Swiss SME have to comply with the AI Act?
Not necessarily. It applies to a Swiss company when its AI systems, or their outputs, are used in the European Union: selling an AI service to European clients, or sorting candidates for a job in France. A purely internal use in Switzerland is in principle outside its scope. The FADP, however, applies in every case.
Is there a Swiss law on artificial intelligence?
Not yet. In February 2025, the Federal Council decided to adapt existing laws, sector by sector, and to ratify the Council of Europe convention on AI. The Federal Department of Justice and Police is due to present a preliminary draft at the end of 2026, before a consultation. Until then, the FADP is the reference.
Are my employees allowed to use a consumer AI assistant?
Yes, if the company sets a framework: which tools, for which tasks, and which data never goes in (client data, sensitive data, trade secrets). Without a framework, the company remains responsible for what leaves. A one-page policy is often enough to start.
Read the lesson “AI charter”Can we send data to a US AI tool?
Yes, to a company certified under the Swiss-U.S. Data Privacy Framework, which Switzerland has recognised since 15 September 2024, or with contractual safeguards. Otherwise, no. For a profession bound by secrecy, you also need to be allowed to entrust the information to a third party.
Do we need to train our teams in AI?
No Swiss law requires it today. FINMA counts training among the elements of good AI governance. In the EU, Article 4 of the AI Act asks companies to promote AI literacy among their staff; since July 2026, it no longer requires a specific level for each person.
Meotis AcademyWhat do you risk, concretely?
In Switzerland, the FADP provides for a fine of up to CHF 250,000 for the intentional breach of certain duties, such as informing people or supervising a processor. It targets the responsible person, not the company first. For a wealth manager, revealing a client secret through negligence is punished by a fine of up to CHF 250,000 (Art. 69 FinIA). In the EU, the AI Act provides for up to EUR 15 million or 3% of turnover for transparency, and more for prohibited practices; for an SME, the lower of the two amounts applies.
Is Meotis a law firm?
No. Meotis helps you take stock, set the rules and choose the tools. For a specific legal question, consult your lawyer or your compliance officer.
The texts, at the source.
- Federal Act on Data Protection (FADP, SR 235.1)Fedlex
- The current law applies directly to AIFederal Data Protection and Information Commissioner, update of 8 May 2025 (in French)
- FINMA Guidance 08/2024: governance and risk management of AIFINMA, 18 December 2024
- Financial Institutions Act (FinIA, SR 954.1)Fedlex
- Regulation of AI in SwitzerlandFederal Office of Justice (in French)
- Regulation (EU) 2024/1689 on artificial intelligenceEUR-Lex
- Regulation (EU) 2026/1744, known as the AI “Omnibus”EUR-Lex
- Guidelines on transparency obligations (Art. 50)European Commission, 20 July 2026
This page explains the general framework as of 23 October 2026. It does not replace legal advice suited to your situation. Meotis claims no certification or FINMA approval.
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