IPRG

Published: 10 October 2000

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    E. Geisinger

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Insights

Insights – 03.08.2026

The EU AI Act: New prohibitions and transparency take effect and what is yet to come

The EU AI Act: New prohibitions and transparency take effect and what is…

<p class="MsoBodyText">Regulation (EU) 2024/1689 of 13 June 2024 (“<strong>EU</strong> <strong>AI Act</strong>”)&nbsp;general application date of <em>2 August 2026</em> has arrived, but the regulatory landscape looks materially different from the original plan.</p> <p class="MsoBodyText">The amending Regulation (EU) 2026/1744 (“<strong>AI Omnibus</strong>”)&nbsp;has deferred the core high-risk AI obligations to 2027, even 2028, while introducing a new prohibition on non-consensual intimate “deepfake” content and a labelling grace period for legacy generative AI systems. This Legal Insight maps the current compliance landscape for Swiss companies with EU market exposure, with a particular focus on implications for the banking and financial services sector.</p>

Insights – 30.07.2026

Swiss sanctions and contract law: How far do GTC compliance clauses reach?

Swiss sanctions and contract law: How far do GTC compliance clauses reach?

<p>In its decision 4A_455/2025 of 21 May 2026, the Swiss Supreme Court addressed the extent to which a commercial bank may rely on its general terms and conditions (GTCs) to refuse the release of client assets where performance could expose the bank to sanctions under Swiss or foreign law, and whether such a clause continues to apply after the notice of termination of the banking relationship.</p> <p>The Court held that under Swiss law provisions of a bank’s GTCs may include provisions conditioning performance by the bank to compliance with foreign legal and regulatory requirements and such compliance reservation clauses continue to apply post-termination during the liquidation phase of the account relationship. The judgment further clarifies that a Swiss governing law clause does not preclude the parties from agreeing, through acceptance of GTCs, that performance may be refused in order to comply with foreign legal and regulatory requirements. It also provides important guidance on the assessment of ownership and control for sanctions purposes.</p>
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