In Switzerland, there is no single law that comprehensively regulates e-commerce. E-commerce is based on a number of legal acts, the most important of which are the Code of Obligations ( Obligationenrecht – OR ), the Unfair Competition Act ( Bundesgesetz gegen den unlauteren Wettbewerb) , the Personal Data Protection Act ( Datenschutzgesetz) , and the Price Information Regulation ( Preisbekanntgabeverordnung ).

Every online store must operate in accordance with the principles of transparency and loyalty to the consumer, which includes clearly defining prices, shipping costs and payment terms, as well as providing the necessary information about the company.

Allgemeine Geschäftsbedingungen

A key document expected by both consumers and regulators is the online store's terms and conditions (AGB). Although there is no formal obligation to have them, in practice they form the basis of the contractual relationship between the seller and the buyer. The terms and conditions should include information on how the contract is concluded, the rights and obligations of the parties, payment terms, delivery, warranty, and any complaints procedures. The Act explicitly lists several basic requirements:

1. Defining the technical steps that the user must follow to make purchases in the store – die technischen Schritte, die zu einem Vertragsabschluss führen.

2. Appropriate technical measures that enable the correction of any errors before placing the order – die angemessene technische Mittel.

3. Order confirmation – sent immediately, electronically.

Importantly, consumers in Switzerland do not have a statutory 14-day right of withdrawal from distance contracts, unlike in European Union countries. Despite this, many businesses choose to allow consumers to withdraw from contracts, although this is not mandatory.

The second fundamental document is the privacy policy - Datenschutzerklärung.

Pursuant to the amendment to the Swiss Data Protection Act, effective from September 1, 2023, businesses must notify the public of the collection of all personal data, and not, as was previously the case, only of personal data classified as sensitive. Furthermore, users must be informed of the scope, purposes, and legal basis for personal data processing. The document must also include the controller's contact details, a description of profiling processes, the use of cookies, and the rights of data subjects—including the rights to access, rectify, restrict, and erase data.

The Federal Data Protection Commissioner (EDÖB) is responsible for issuing recommendations on personal data protection.

An essential element of a website is the Imprint, a tab containing the shop owner's identifying information. Pursuant to Article 3(s) of the Act on Combating Unfair Competition, every shop must provide its full company name, registered office address, tax identification number, and contact information. Failure to provide such information may be considered misleading.

Additionally, it's advisable to precisely describe the delivery and return conditions, even if Swiss law doesn't mandate returns (unlike EU regulations). Regulating this issue voluntarily strengthens customer trust and contributes to a positive company image.

A key role is played by the State Secretariat for Economic Affairs (SECO) , which monitors compliance with the Act on Combating Unfair Competition, particularly with regard to information and advertising obligations. SECO has the right to conduct inspections and, if irregularities are identified, to take administrative action.

The Federal Data Protection and Transparency Inspectorate (EDÖB) is the competent authority for personal data protection. EDÖB enforces compliance with the principles of the DSG and works with companies to implement legally compliant technological and organizational solutions.