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The Swiss Federal Council has taken an important step towards modernising and facilitating the handling of cross-border evidence in civil and commercial matters. On 5 November 2025, the Federal Council approved Switzerland's amended Declaration on the 1970 Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters and set 1 January 2026 as the date for the entry into force of the corresponding amendments to the Federal Act on Private International Law (PILA).
Witness Depositions via Videoconference without Prior Authorisation
Under the revised framework, foreign authorities or litigating parties will soon be able to examine witnesses or experts located in Switzerland via videoconference without the need for prior authorisation. In future, a simple notification to the Swiss Federal Department of Justice — submitted by email at least 14 days before the examination — will be sufficient.
Voluntary Document Production
At the same time, the amended PILA also codifies the long-standing practice of permitting voluntary disclosure of documents in foreign civil proceedings — a significant development that helps reduce legal uncertainty for Swiss companies in light of Article 271 of the Swiss Criminal Code.
During the consultation process, Bär & Karrer recommended that this safe harbour be explicitly recognised, particularly as it has been the subject of debate following the Federal Supreme Court's decision in the Swisspartners case dated 1 November 2021 (SFSC 148 IV 66).
The Federal Council's message explicitly confirms that parties in Switzerland can lawfully respond to direct requests from foreign authorities or litigating parties — for example, in US pre-trial discovery — and provide the requested documents or written submissions directly. However, such cooperation continues to be subject to other Swiss legal restrictions, such as secrecy provisions (e.g., Article 273 Swiss Criminal Code) and the requirements of the Swiss Data Protection Act.
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