Submitted text
The Federal Council is instructed to draw up a Draft the legal basis and submit to Parliament proposals aimed at greater transparency, contractual fairness, data protection, and effective access to dispute resolution in relations between the major digital platforms and is aimed at retailers and service providers operating in the Swiss market. It should be based in particular on international best practices, specifically the Regulation (EU) 2019/1150.
Justification
Digital platforms have become indispensable infrastructure for large parts of the Swiss economy. Industries such as tourism, e‑commerce, digital services, and the use of AI-based tools are increasingly dependent on international platforms like Booking, Airbnb, Amazon, and Shopify, as well as on providers of digital and AI solutions.
However, the relationships between these platforms and Swiss companies are characterized by a strong Imbalance in bargaining power . The terms of the contract are generally set unilaterally. There is a lack of transparency regarding visibility criteria, the use of algorithms, decisions on the suspension or termination of business relationships, and data management. In addition, clauses stipulating foreign jurisdictions often make it virtually impossible for Swiss SMEs to assert their rights.
The increasing Integration of Artificial Intelligence Integration into these platforms further reinforces this dependency without adequately guaranteeing access to the generated data and the transparency of automated decision-making mechanisms.
With the adoption of the P2B Regulation, the European Union has addressed these issues and introduced requirements regarding transparency, compliance with contract terms, and complaint and dispute resolution procedures. Thanks to a a similar regulation adapted to Swiss conditions This would strengthen legal certainty, protect businesses, and ensure fair and competitive conditions without hindering innovation.