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.
On 9 November 2023, the Federal Data Protection and Information Commissioner issued a statement on AI-supported data processing. The Commissioner’s main message is that the Swiss Data Protection Law is formulated in a technology-neutral manner and is, therefore, also directly applicable to AI-supported data processing.
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.
On 18 June 2023, the Swiss electorate voted in a public referendum in favor of a constitutional amendment to implement the global minimum tax. After the vote, the focus now shifts to its technical implementation. MNEs now have the required certainty to proceed with their preparations and planning for Pillar 2.
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.
The current global sanctions environment — the new normal for Swiss companies: This was the topic of a Russia-focused seminar with members of Baker McKenzie’s global sanctions and investigations team, on 7 February 2023.
Baker McKenzie’s Sanctions Blog published the alert titled Switzerland implements the 9th package of EU sanctions against Russia on 1 February 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
Baker McKenzie’s Sanctions Blog published the alert titled Switzerland Implements Further EU Sanctions Measures on 9 January 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.