Motion Brenzikofer (24.4162): Create regulatory measures for foreign online retailers
Submitted text
The Federal Council is instructed to adapt Swiss legislation so that foreign online retailers must comply with Swiss market and security standards.
Justification
Swiss legislation for foreign online retailers is inadequate in many areas, which allows TEMU, SHEIN and other providers to circumvent Swiss standards. For example, products may be advertised that do not meet the legal safety requirements. This is explicitly prohibited in the EU. Switzerland must introduce similar regulations in order to protect its own consumers and keep pace with European standards. Switzerland should adopt regulations similar to the Digital Services Act (DSA) and thus reduce the impact of low-cost competition and potential abuse by global marketplaces.
In addition, the Transparency of platforms should be improved in order to restrict “false discounts” and the like. Furthermore, regulation is needed to “Dark patterns” (manipulative design strategies on websites that deliberately deceive consumers or induce them to take unwanted actions, such as making purchases or disclosing personal data). In addition, measures are to be examined as to how the deliberate Bypassing the Duty-free allowance can be prevented by splitting shipments. In addition, regular risk assessments and external audits could ensure that platforms actually implement the prescribed safety and consumer protection measures.
With these regulations, Switzerland can catch up with other countries in terms of consumer protection. With the Digital Services Act (DAS) [sic] has created one of the most comprehensive regulations. Platforms such as Temu must adhere to strict requirements, e.g. on the transparency of algorithms, combating illegal content and consumer education. California has imposed strict data protection requirements. Australia has also tightened the Consumer Protection Act, which holds platforms accountable if they offer misleading or false information about products. There is also an obligation to remove illegal content.