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On 29 October 2025, the Swiss Federal Council opened up a consultation on a new federal law intended to strengthen user rights and set duties of transparency and fairness for very large online platforms and search engines, such as Facebook, Instagram, TikTok, X, YouTube and Google (Federal Act on Communication Platforms and Search Engines; “KomPG”).
Scope: The KomPG targets only very large service providers used by an average of at least 10% of Swiss permanent residents each month (currently approx. 900,000 users), regardless of where the companies are based. Smaller services are out of scope. The law would primarily capture non‑Swiss operators such as those listed above.
Key Obligations: The draft legislation emphasises transparency and user‑rights procedures:
- Easily accessible ways for users to report specific suspected unlawful content (e.g., violence, hate speech, defamation).
- User notification, including reasons, when content is removed or accounts are blocked.
- Internal complaints handling and participation in out‑of‑court dispute resolution with users.
- Minimum content for General Terms and Conditions (particularly on moderation and recommendation systems), publicly accessible in German, English and Italian, and including a summary. There must be active communication of any significant changes.
- Transparency for advertising and recommender systems, including a public advertising archive.
- Data access for authorities and researchers.
- Non-Swiss providers must appoint a Swiss legal representative.
Shaped by, but not a copy of the EU Digital Services Act (DSA): The KomPG shares the DSA's goals of fairness and transparency but is more limited. It applies only to very large platforms/search engines in Switzerland. Unlike the DSA, pass-through services, hosting or caching services are not in scope.
Consultation Timeline and Next Steps: Consultation runs until 16 February 2026, with specific questions on protection for minors and the design of the notification procedure. After consultation, the draft faces refinement and will then proceed through the legislative process. A transitional period is expected upon enactment.
Enforcement: Supervision is the responsibility of the Federal Office of Communications (OFCOM). It can order administrative measures up to and including the temporary blocking of services. There is provision for fines of up to 6% of the global annual turnover.
Practical Implications: In‑scope platforms should evaluate notice‑and‑action procedures, user communication for takedowns/blocks, complaints handling, advertising/recommender transparency and data‑access readiness. Swiss advertisers, brands and agencies should anticipate that ad labelling, targeting and archival transparency will increase, with greater public visibility via advertising libraries.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
