Online Store Terms and Conditions - Switzerland. Expansion into the Swiss Market
The e-commerce market in Switzerland is growing rapidly, and online stores are now a crucial pillar of the digital economy. However, entrepreneurs who intend to sell goods or services online must consider a number of legal regulations aimed at protecting consumers, ensuring trade transparency, and ensuring the security of personal data. E-commerce, while seemingly low-barrier , is associated with numerous documentation, information, and procedural obligations that must be met from the very beginning of the store launch.
Legal basis and regulatory framework
In Switzerland, there is no single law that comprehensively regulates e-commerce. E-commerce is based on many legal acts, the most important of which are: the Code of Obligations ( Obligationenrecht – OR ), the Act on Combating Unfair Competition ( Bundesgesetz gegen den unlauteren Wettbewerb ) , the Personal Data Protection Act ( Datenschutzgesetz ) , and the regulation on the obligation to provide prices ( 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.
Required documentation for online stores
The key document expected by both consumers and supervisory authorities is the online store's regulations – the so-called Allgemeine Business Terms and Conditions (AGB) . Although there is no formal obligation to have one, in practice it forms the basis of the contractual relationship between the seller and the buyer. These 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 technical Schritte , die zu one Vertragsabschluss führen .
2. Appropriate technical measures that enable the correction of any errors before placing the order – die angemessene technical 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 , the company must notify the company of the collection of all personal data, and not, as previously, only of personal data classified as sensitive. Additionally, users must be informed of the scope, purposes, and legal basis of personal data processing. The document should 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 is responsible for issuing recommendations on personal data protection . Datenschutz - und Öffentlichkeitsbeauftragte - EDÖB ).
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.
Institutions supervising the e-commerce market
Various institutions in Switzerland are responsible for overseeing the compliance of online stores with applicable law. The Staatssekretariat plays a key role. for Wirtschaft (SECO) – State Secretariat for Economic Affairs, 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 found, to take administrative action.
The competent authority for the protection of personal data is the Eidgenössischer Datenschutz - und The Federal Data Protection and Transparency Inspectorate ( EDÖB) enforces compliance with the principles of the DSG and works with companies to implement legally compliant technological and organizational solutions.
Disputes between consumers and online stores that cannot be resolved amicably go to court.
Risks and sanctions
Failure to comply with disclosure obligations, lack of required documents, or improper processing of personal data can lead to serious legal consequences. These include not only administrative sanctions and fines, but also the risk of warnings from consumer organizations, legal proceedings, and damage to reputation.
Summary
Running an online store in Switzerland requires a meticulous approach to formal and legal matters. Appropriate documentation—including the Terms and Conditions, Datenschutzerklärung , Imprint , and returns and delivery terms—is the foundation for safe and professional operation in the digital space. Compliance with applicable regulations is not only mandatory but also a real competitive advantage, especially in the eyes of informed and demanding customers.
It is recommended that every online store owner consult their documents with a lawyer specializing in e-commerce law and personal data protection, preferably one with practice in Swiss jurisdiction. This is the only way to ensure that their business is conducted in accordance with the highest legal and business standards.