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With the publication of a new guideline on green marketing, the Swiss Unfair Competition Commission has provided greater clarity in the assessment of the admissibility of marketing communications with environmental or climate-related content. In particular, the Guideline sets out clear rules on the requirements for admissible marketing communications with an environmental reference and the associated requirements for evidence. In a legal environment characterized by vague legal provisions and considerable discretion given to the competent authorities, this new Guideline provides important clarification.

The Federal Information Security Act (ISA), which only entered into force on 1 January 2024, is already being amended with an obligation to report cyberattacks for operators of critical infrastructures. On 18 January 2024, the deadline expired for challenging the amendment by way of a public referendum. This means that the amended version will become law, with the new obligation to report cyberattacks expected to come into force in 2025, although an exact date has not yet been set.

SIX Exchange Regulation has revised certain regulations concerning ad hoc and management transaction disclosures. The new rules will enter into force on 1 February 2024. The updated regulations include, as the only substantive change concerning listed equity securities, management reporting obligations relating to transactions by related persons, even in cases where there is no direct involvement of a manager or board member in the transaction. The remainder of the amendment concerns a more granular description of how to report management transactions to the issuer.

On 29 November 2023, the Swiss government enacted a new Ordinance on the Competition Law Treatment of Vertical Agreements in the Motor Vehicle Sector (referred to as the Motor Vehicle Ordinance). In December 2023, the Swiss Competition Commission (COMCO) released Explanatory Notes to accompany the new Ordinance. The new Ordinance and Explanatory Notes are scheduled to come into force on 1 January 2024, and are set to replace COMCO’s current Motor Vehicle Notice and Explanatory Notes.

Pursuant to Law No. 83 of 13 June 2023 (which ratified the protocol signed in Rome on 23 December 2020 between Italy and Switzerland related to the income taxation of cross-border workers) the ministry of finance issued the decree of 23 July 2023, which removed Switzerland from the blacklist contained in the decree of 4 May 1999. The blacklist is aimed at tackling fictitious transfers of residence abroad by Italian citizens. The removal reflects a political agreement formalized on 20 April 2023 between the finance ministers of Italy and Switzerland and it will be effective from fiscal year 2024.

The revised Data Protection Act (nDPA) and the revised Data Protection Ordinance (nDPO) will enter into force on 1 September 2023. The revised Swiss data protection law is “a GDPR-like” legislation and provides for certain (new) obligations not contained in the current data protection law.
In an employment relationship, an employer inevitably processes employees’ personal data for various purposes. This client alert aims to inform employers about their data privacy obligations under the new data protection law and provides an opportunity to test data protection compliance.

Following pressure from parliament, the Swiss Federal Council last year launched a consultation process on new legislation for the review of foreign investments. In May 2023, the Swiss Federal Council has taken note of the results of the consultation on the proposed investment control law. A majority of the participants in the consultation argued that the proposed investment control law would weaken Switzerland’s attractiveness as a business location, while a significant minority sees a clear need for action and is in favor of introducing foreign investment screening also in Switzerland.

On 29 March 2023, the Swiss Federal Council, the executive body of Switzerland, announced its decision to implement an extension of the transitional periods for the certification of medical devices under the Swiss Medical Device Ordinance (“MedDO”) and the Ordinance on In Vitro Diagnostic Medical Devices (“IvDO”), in line with the amendment of transitional provisions in the European Union under Regulation (EU) 2023/607.
The implementation of these amended transitional provisions requires the formal amendment of the MedDO and the IvDO. These amendments are expected to be adopted in autumn 2023.