Federal Council examining regulatory approaches to AI

Bern, 22.11.2023 - The Federal Council wants to harness the potential of AI while minimising the risks it poses to society. At its meeting on 22 November 2023, it therefore in-structed DETEC to prepare an overview of possible regulatory approaches to AI, which is expected to be available by the end of next year.

After examining the developments, opportunities and challenges associated with AI, the Federal Council has instructed DETEC to identify potential approaches to regulating it by the end of 2024, and to involve all federal agencies responsible in the legal areas affected.

The analysis will build on existing Swiss law and identify possible regulatory approaches for Switzerland that are compatible with the EU AI Act and the Council of Europe's AI Convention. Both sets of international regulations are relevant for Switzerland; they are expected to be complete by spring 2024 and will contain binding horizontal rules on AI. The analysis will examine the regulatory requirements with a particular focus on compliance with fundamental rights. The technical standards and the financial and institutional implications of the different regulatory approaches will also be taken into account.

The analysis will involve careful legal, economic and European policy clarifications and require interdisciplinary cooperation across all departments. The work will take place within the framework of the Interdepartmental Coordination Group on EU Digital Policy. The Federal Office of Communications and the Europe Division of the FDFA will lead the project. Further participating bodies will include the Plateforme Tripartite and its administrative committee, the Competence Network for Artificial Intelligence at the Confederation and its Legal competence hub, and the Federal Administration's working group on AI.

With the analysis, the Federal Council wants to create the basis to issue a concrete mandate for an AI regulatory proposal in 2025 and clarify areas of responsibility. 

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