Both councils
24.046 Proposal of the Federal Council. Federal Act on the Transparency of Legal Entities and the Identification of Beneficial Owners
The transparency register was subject to a reconciliation of differences. The final differences have been resolved.
Draft 1: With regard to the presumption of accuracy, the National Council followed the compromise proposal of the Council of States that advisors can rely on entries if, after exercising due diligence, no discrepancies are found.
Draft 2: The National Council followed the Council of States and is in favour of increasing the value threshold for checks on real estate transactions.
23.047 Partial Revision of the Cartel Act
Differences remained in particular with regard to Articles 5 and 7 of the CartA.
With regard to Article 5, the only differences between the two chambers concern Article 5(1bis) of the CartA. The National Council insists on case-by-case assessment, while the Council of States has spoken out in favour of its deletion.
The difference regarding Art. 7 CartA has been resolved. Both councils support case-by-case assessment and are consequently implementing the Federal Supreme Court’s decision. The EATC-S has decided to deal with the matter at its next ordinary meeting.
National Council
24.4596 Motion Gössi. Better Protection of Intellectual Property from AI Misuse
The National Council has accepted the Gössi motion in modified form. The originally requested opt-in requirement for the use of copyright-protected content by AI has been removed. The plan now is to conduct a more open review of solutions such as opt-out mechanisms or remuneration models. The matter will now be referred back to the Council of States.
25.031 Protocol of Amendment to Modernise the Free Trade Agreement between the EFTA States and Chile
Following the Council of States, the National Council has also approved the FTA with Chile. The matter was also approved in the final vote. The Federal Council will now announce the entry into force of the amendment protocol.
16.484 pa. Iv. Burkart. More Design Freedom for Home Office Work
The National Council approved the bill by 119 votes to 63. Among other things, it decided on a general right to non-reachability, an extension of the working time window to 17 hours, a reduction in rest time to 9 hours and the possibility of up to 9 Sundays of teleworking per year. A supplementary provision was added to the Swiss Code of Obligations. The matter will now go to the Council of States.
Council of States
21.082 Civil Procedure Code. Amendment
The class action bill is definitely off the table: after the National Council and the two preliminary committees declined to consider it or recommended that it should not be considered, the Council of States also decided by 30 votes to 13, with 2 abstentions, not to consider the bill.
23.086 Investment Review Act
The Council of States wants to introduce stricter investment reviews, but in a more streamlined form. By a vote of 27 to 11, with 3 abstentions, it voted, for example, to review only acquisitions by foreign state investors. The National Council, on the other hand, is calling for more far-reaching rules that also apply to private investors and threats to the supply of important goods. The matter will now be referred back to the National Council.
