Submitted text
The Federal Council is instructed to create the necessary legal foundations that adopt the main objectives and content of the European AI Act for Switzerland. In doing so, it ensures the greatest possible compatibility with European law.
Justification
Developments in the field of artificial intelligence and algorithmic systems are rapid. In addition to great opportunities, these technologies also harbor some risks. For this reason, efforts are underway both in the European Union and at other international levels to introduce regulations that limit these risks. Switzerland, with its universities and innovative companies, is active and at the forefront of the development of artificial intelligence. It is therefore in Switzerland’s interests, particularly with regard to legal certainty, to create compatible and comparable regulations, as has been done in the area of data protection, for example.
Opinion of the Federal Council of 30.8.2023
The Federal Council is closely following the proposed ordinance to establish harmonized regulations for artificial intelligence (the so-called “AI Act”). The EU’s “AI Act” is currently still in the legislative process and various points regarding the specific structure of the ordinance are still open. The Federal Council expects this work to be completed by the end of 2023 or early 2024.
Like the EU, Switzerland pursues a policy in the area of digitalization that aims to enable the use of the economic and social potential of technologies while safeguarding individual rights. An independent Adaptation of the Swiss legal framework to the “AI Act” requires a detailed analysis of the impact on Switzerland and a thorough weighing up of interests. Such an analysis can only be carried out after the legislative activities have been completed and on the basis of the finalized text.
It should also be noted that, in addition to the “AI Act”, other regulatory developments on AI are also underway. Switzerland is contributing its interests and values to these activities in the best possible way. The negotiations in the Council of Europe for a first binding international agreement on AI are particularly relevant for Switzerland. Switzerland is actively involved in this process, in which leading AI nations such as the USA, Japan and Israel are also negotiating. The Federal Council currently assumes that the negotiations in the Council of Europe can be concluded in spring 2024. If the negotiated agreement is ratified by Switzerland, Switzerland would then also be obliged to implement this agreement domestically.
Both the “AI Act” and the Council of Europe agreement on AI will therefore not be available until early 2024 at the earliest. The Federal Council can only assess the impact of these two European regulations on Switzerland once the results of these processes are known. are.
Accordingly, the Federal Council has already stated in its response to the Postulate Dobler (23.3201) The Federal Council has promised that it will draw up a policy analysis within the framework of the existing federal administration bodies (in particular the interdepartmental EU Digital Policy Coordination Group, the Tripartite Platform, the federal government’s monitoring of AI guidelines and the FSO’s Artificial Intelligence Competence Network (CNAI)) and with the involvement of all federal agencies responsible for the legal areas concerned, and will identify the need for action and possible options for sectoral and, if necessary, horizontal measures by the end of 2024.