Switzerland: Technology

Your medical-device programme appears to be progressing. Regulatory and Quality are advancing the pathway. Product is moving forward. Commercial teams are preparing for customers. Management has a launch date. And still, one unresolved AI, data or cybersecurity issue can affect the next milestone. This is particularly dangerous because the problem is often not visible within any single workstream. It sits between them.

A fundamental mistake in MedTech is to treat AI as another software project. It is not. An AI-enabled medical product can involve product safety, clinical performance, quality management, data protection, cybersecurity and AI regulation at the same time.

Switzerland's new legal framework for automated driving, effective March 2025, permits motorway pilots, driverless vehicles, and automated parking. This comprehensive analysis examines the regulatory landscape, technical requirements, liability allocation, and cybersecurity obligations that companies, investors, and mobility providers must navigate as self-driving technology transitions from concept to reality on Swiss roads.

A fundamental mistake in MedTech is to treat AI as another software project. It is not. An AI-enabled medical product can involve product safety, clinical performance, quality management, data protection, cybersecurity and AI regulation at the same time.

The EU AI Act introduces a risk-based regulatory framework for artificial intelligence systems, with particular implications for arbitration proceedings. Sixteen leading arbitral institutions have jointly challenged the European Commission's draft guidelines, arguing that regulatory obligations risk being imposed on the wrong actors in the arbitral process.

At first, the AI question seems simple: Which tool should we use? But once AI moves from demonstration to deployment, selecting the technology is often the easier part.

Switzerland has spent the past decade building one of the world's most advanced legal environments for financial technology. The very features that attract fintech and blockchain ventures – early regulatory clarity, the DLT framework, a dense financial infrastructure and a strongly international client base – are now generating a steady stream of disputes of considerable legal and technical complexity. Such disputes arise from payment services, digital banking, lending platforms, crypto-assets and custody arrangements, outsourcing relationships, cybersecurity incidents and regulatory enforcement.

As autonomous AI agents increasingly perform decision-making functions within financial institutions, Swiss fintechs must confront fundamental questions of control, accountability and governance. Existing regulatory obligations remain fully applicable: autonomy in the machine does not displace responsibility in the firm. The task is to build oversight frameworks that keep pace with technological independence rather than yield to it.

Bär & Karrer, a Swiss law firm, provides comprehensive legal services and business solutions. Contact their Zurich office for expert assistance with legal matters, or reach out through their online inquiry form for personalized support.