Switzerland: Federal Council closes consultation on Federal Law on Communications Platforms and Search Engines including content moderation authority governance

On 16 February 2026, the Federal Council closes its consultation on the Federal Law on Communications Platforms and Search Engines. The Law would apply to search engine providers and user-generated content platforms whose services are used by at least 10% of the Swiss population within a six-month period. The draft law empowers the Federal Office of Communications (BAKOM) to supervise compliance, requiring providers to supply information and data for oversight. BAKOM identifies which platforms fall under the law, publishes a list of supervised providers, and charges fees and an annual supervisory fee based on administrative costs and provider size, capped at 0.05% of worldwide profit. The BAKOM may require providers to remedy violations and, if necessary, order service restrictions, which can be renewed until resolved. It can impose administrative sanctions of up to 6% of worldwide turnover for serious breaches and lower amounts for less severe violations, considering severity, prior breaches, and financial circumstances. Sanction authority expires after seven years for major violations and four years for others. The Federal Council issues implementing provisions, while BAKOM informs the public of its activities without disclosing confidential business information. BAKOM may process data of legal persons and personal data, including sensitive data, to perform supervisory, evaluation, and reporting tasks. The Federal Council may conclude international agreements or delegate technical agreements to BAKOM. Finally, the Federal Council will review the Act’s effectiveness within five years, report to the Federal Assembly, and determine its entry into force.