To what extent is your legal system ready to deal with the legal issues associated with artificial intelligence?
Technology (second edition)
There are currently no specific rules as regards A.I. functionality under Swiss law and we are not aware of any intentions of the legislator to enact such rules. While government authorities periodically review respective practical developments, it is emphasized that regulation should be technology-neutral. The Federal Council has repeatedly stated and it is widely held in the legal community that A.I. specific legislation is neither required nor desirable in order to allow for the regulatory latitude and room for development required for technology driven business models and companies.
To some extent, legal issues arising from AI may be solved under the current law regimes. The Consumer Rights Protection Law provides rules for protecting AI users if the AI product/service has defect and thus the user suffers loss from the defect. The Tort Liability Law and the Contract Law is also used in cases that the AI infringes anyone’s legitimate interests. Further, data collection and machine learning is the core of the AI technology. The Cybersecurity Law and the privacy law give instructions on how AI should collect, process, use and transfer information in related to national security and privacy. However, China has not fully prepared to deal with ethic issues arising from AI. There is no such an integrated law defining rights and obligations of AI developers, AI operators and AI users. Last, the current IP law does not define the ownership of IP created by AI.