Bratschi AG's IP, Technology, and Data Protection practice uniquely combines exper-tise in Privacy law, IP law, Software/IT law, Contract law, and Competition law, offering cutting-edge advice on all legal aspects of digitalisation. Recognised by Legal500 and Leaders League, we assist domestic and international clients across all sectors in nav-igating complex data protection regulations and digital transformation projects.
At Bratschi AG, our Intellectual Property, Technology, and Data Protection Practice Group stands at the forefront of legal services in the digital age. We pride ourselves on our unique ability to integrate expertise across privacy law, intellectual property law, contract law, and competition law, providing comprehensive and innovative solutions to our clients' digitalization challenges.
1. Key elements of our IP, Technology, and Data Protection practice:
- Recognized Excellence: Our practice is consistently ranked among the top by esteemed legal directories. Legal500 commends our team's commitment and competence, highlighting our deep understanding of the market and practical approach to legal challenges. Leaders League honoured us as “Excellent” acknowledging our leadership in the field.
- Navigating through Data Protection reforms: In September 2023, Switzerland's revised Federal Act on Data Protection came into force, introducing significant changes to data protection laws. Our team played a pivotal role in assisting numerous companies across various sectors—including healthcare, financial services, public authorities, and telecommunications—in implementing these reforms, ensuring compliance and safeguarding their operations in the digital landscape, especially when adopting new business models and technologies such as Artificial Intelligence, IoT, BIM, and chatbots.
- Advising on Digital Transformation Projects: We provide strategic counsel in the preparation and negotiation of outsourcing agreements, particularly in IT and software-related services, cloud computing, outsourcing projects, platform projects, and other technology-related initiatives, ensuring compliance with applicable laws and regulations (in particular privacy laws). Our expertise extends to guiding clients through the implementation and utilization of AI-powered software applications, ensuring that technological advancements align with legal requirements and business objectives.
- Intellectual Property Rights Management: We handle the development and global registration of various intellectual property rights, including copyrights, trademarks, company names, design rights, and, in collaboration with external patent attorneys, patent rights.
- Enforcement and Defense: Our team represents clients before civil courts and the Swiss Federal Institute of Intellectual Property (IPI) in enforcing and defending intellectual property rights, particularly in trademark disputes and cases involving breaches of unfair competition law.
2. Update on Swiss “Artificial Intelligence” (“AI”) Regulation:
On February 12, 2025, the Swiss Federal Council announced its regulatory approach to AI, opting for a sector-specific strategy rather than a comprehensive, horizontal AI Act akin to the EU AI Act. This decision aims to balance innovation with effective risk management, reinforcing Switzerland's position as a hub for AI development while ensuring alignment with international standards.
Key Aspects of Switzerland's AI Regulatory Approach:
- Ratification of the Council of Europe’s AI Convention: Switzerland plans to incorporate the Council of Europe’s AI Convention into its legal framework and has signed it on 27 March 2025. This Convention focuses on ensuring that AI systems uphold human rights, democracy, and the rule of law throughout their lifecycle. While public institutions will be fully bound by its provisions, private entities will be encouraged to adopt its principles voluntarily and will not be directly bound to them.
- Sector-Specific Legislative Amendments: The Federal Council intends to implement targeted legislative changes tailored to specific sectors, such as healthcare, finance, and transportation. This approach allows for regulations that address the unique challenges and opportunities within each sector without imposing unnecessary burdens on businesses.
- Limited Cross-Sector Regulation: General regulations will be confined to areas critically impacting fundamental rights, notably data protection. This ensures that essential rights are safeguarded without over-regulating the AI landscape.
- Non-Binding Measures: In addition to legislative actions, Switzerland will promote non-binding instruments such as self-declaration agreements and industry-specific solutions. These measures aim to encourage responsible AI practices and foster public trust in AI technologies.
Objectives of the Regulatory Strategy:
The Federal Council's approach is driven by three primary objectives:
1. Strengthening Switzerland as an Innovation Hub: By adopting a flexible regulatory framework, Switzerland aims to maintain its competitive edge in AI research and application.
2. Safeguarding Fundamental Rights: Ensuring that AI developments respect and protect fundamental rights, including economic freedoms and data protection.
3. Increasing Public Trust in AI: Through transparent and ethical AI practices, the strategy seeks to build public confidence in AI systems and their governance.
Next Steps:
The Federal Department of Justice and Police (FDJP), in collaboration with other federal departments, is tasked with preparing a consultation draft to implement the AI Convention into Swiss law. This draft is expected to be ready by the end of 2026. Simultaneously, an implementation plan for non-legislative measures will be developed to ensure coherence with Switzerland's main trading partners.