Das Tageslog

Mittwoch, 27. Mai 2026

Dr. iur. Servatius von Tatzenberg

The ballot rejected the Klimafonds climate-investment initiative while leaving the Klimaschutzgesetz and Art. 964b OR standing, Brussels posted five more sanctions amendments, and the surveillance perimeter Proton drew in court has finally been explained in full — a dense Wednesday.

Klimafonds Rejected at the Ballot — Klimaschutzgesetz Intact, Art. 964b OR Unaffected

SWI Swissinfo (en)

Switzerland voted on 8 March 2026 to reject the Klimafonds — the SP/Greens initiative to commit 0.5–1.0% of GDP to climate investment — by 70.7% to 29.3%. That result has no legal effect on the Klimaschutzgesetz, which passed by referendum in June 2023 and has been in force since January 2025, its emissions-reduction pathway untouched. It also has no effect on the financial-reporting obligation under Art. 964b OR, which never depended on either the KIG or the Klimafonds. The piece published here last week made this point before the ballot; it is no less relevant after it. The reporting obligation runs on the Code of Obligations' own clock — 500 employees, balance sheet CHF 20m, revenue CHF 40m. A vote on a discretionary spending proposal does not touch any of that. If your board received advice that this referendum result relieves climate-reporting pressure, that advice conflates two unrelated instruments and needs revisiting before Q3.

Cobalt Out of the Swiss Supply-Chain Bill — NUFG Draft Stops Where CSDDD Does Not

SWI Swissinfo (en)

Civil-society organisations are pressing to include cobalt in the NUFG — Switzerland's nascent supply-chain due-diligence bill — which currently excludes the mineral despite its role in battery supply chains and its weight in Swiss commodity trading. Casimir von Firn's piece today maps where the Swiss draft stops and where the CSDDD's contractual cascade does not: cobalt-exposed Swiss companies selling into EU supply chains will face CSDDD-driven obligations from their EU buyers regardless of what the NUFG consultation ultimately produces. The consultation window is open — this is the moment to submit if your sector has a position.

Five Sanctions List Amendments in Four Weeks — Sudan, Taliban, ISIL, Iran, Russia All Moved

FINMA

FINMA's notification feed logged updates to the Sudan list (SR 946.231.18) and Taliban list (SR 946.231.07) in early May, on top of the ISIL/Al-Qaida April update, an Iran amendment, and two Russia-related changes (SR 946.231.176.72 and related ordinances). Five amendments in under a month is not unusual by recent standards, but the cadence makes a structural point: today's piece on the SECO latency window explains why the gap between SECO publication and vendor ingestion is the actual risk variable, not the list change itself. At this update frequency, any screening vendor operating on a 48–72 hour refresh cycle is regularly running stale. The question to put to your vendor today is what their ingestion SLA actually is.

ISIL/Al-Qaida List Runs on the UN 1267 Rail — Geographic Screening Misses It Entirely

FINMA

The April update to SR 946.231.08 follows UN Security Council 1267 Committee procedure. As the piece published last week sets out, the consequence is that this list binds under Swiss law the moment the UN designation fires — by name, not by country. A counterparty that clears your geographic risk filter can still appear here. If your workflow treats SR 946.231.08 as a geographic residual rather than a standalone name-screening obligation, you have a gap that this week's update cycle just made active again.

Iran Ordinance Annexes 12 and 14 Updated — The December 2025 Reset Is Still Being Populated

FINMA

April's amendment to SR 946.231.143.6 adds entries to Annexes 12 and 14 under the framework the Bundesrat established in the December 2025 total revision. Today's piece on Iran-exposed contracts addresses the review obligation directly: the reset moved the Iranian regime to a pre-JCPOA baseline, and agreements written against JCPOA-era carve-outs may now reference provisions that no longer exist in that form. The ordinance is still being populated with new entries — meaning the contract review is an ongoing obligation, not a one-time exercise completed at year-end.

Switzerland Opens More Bribery Cases — The Gap Is Still in the Compliance Programme, Not the Prosecution Rate

SWI Swissinfo (en)

Swissinfo reports that Switzerland is handling more international bribery cases while enforcement gaps remain. The two observations are connected in a specific way: more cases being opened reflects improved institutional willingness, but the piece from yesterday on Art. 102 Abs. 2 StGB makes the point that the structural gap lies in the compliance programme that was supposed to prevent the act — which is what the OAG evaluates in hindsight. Separately, the piece on Art. 322septies answers the threshold question that comes up every time: there is no gift value that triggers or exempts liability; what counts is the link to the official act.

Proton Wins Its Appeal — The Surveillance Cooperation Perimeter the BVGer Drew Is Now Confirmed

SWI Swissinfo (en)

The Swiss administrative court confirmed Proton's appeal against an order under the VÜPF, drawing a line between primary communication providers and providers of derived services — encrypted mail, VPN — that carry a narrower cooperation duty. Today's article works through where the duty stops: this is not an exemption but a perimeter, and the BVGer's criteria are now settled precedent. The piece from last week covers the proportionality framework. That precedent is not the end of the question: the Swiss government is pursuing a VÜPF revision, and the Federal Parliament accepted a motion in December 2025 commissioning an independent impact analysis before any expansion of cooperation obligations to VPN and encrypted-mail providers — precisely the category Proton represents. For any organisation offering communication-adjacent services to Swiss users, the practical task is to document your position under current law now and monitor the revision's progress.

ECJ C-133/24: No-Poach Presumptively Restrictive, National Court to Classify — Pandemic Context Remains Open

Court of Justice of the EU (en)

The Court of Justice held in C-133/24 that a no-poach agreement among Portuguese football clubs is presumptively harmful to competition — but explicitly remitted the by-object classification to the Portuguese national court, directing it to determine, guided by the Court's framework, whether the agreement presents a sufficient degree of harm to qualify as a restriction by object. The Court also recognised that "ensuring the regularity of sporting competitions" constitutes a legitimate objective of general interest that may, in principle, justify the agreement; the national court must assess suitability, necessity, and proportionality, with the pandemic context forming part of that assessment. The Portuguese clubs may yet succeed before the national court. The significance for compliance work is the framework the CJEU established: horizontal coordination among competitors on labour or market allocation that would ordinarily be presumptively restrictive does not escape that presumption by invoking emergency or sporting context alone — justification requires the full proportionality test. For companies that maintained coordination arrangements during the pandemic and have not reviewed them, that test is now the applicable standard.

Baker McKenzie Goes All-In on Legora — Your Engagement Letters Were Not Written for This

Global Legal Post (en)

Baker McKenzie announced a global phased rollout of Legora across all six practice groups. At the same moment, Anthropic announced 12 Claude practice-area plugins and 20+ connectors to legaltech platforms — a signal that AI in legal work has shifted from pilot to infrastructure. The in-house implication is concrete: if your external counsel is processing client confidential information through a third-party AI platform, your engagement letter almost certainly does not address the subprocessor relationship, data residency, or who bears the risk if the output is wrong. Most panel arrangements were not written for this. A review of standard outside-counsel terms against current AI deployment reality is now overdue at most companies with EU or Swiss operations under GDPR or DSG.

Prognose: The standard outside-counsel engagement letter will need an AI clause — covering subprocessor disclosure, data residency, and liability allocation for AI-assisted output — within two years; that clause does not exist as standard today, and the gap is now measurable.

DLA Piper Ends the Verein — The Liability Perimeter the Structure Was Designed to Obscure

Law.com (en)

Law.com reports that DLA Piper is dissolving its Swiss Verein structure — the association model that allowed global firms to operate as loosely federated entities without cross-border liability. The Verein was designed to avoid answering one question clients increasingly ask directly: who is actually responsible for this advice if it turns out to be wrong? For Swiss firms affiliated with international networks via Verein arrangements, the signal is that regulatory expectations and client due diligence are making that liability ambiguity harder to maintain. This is not an immediate operational event, but it is the direction the pressure is running.

SRA Investigations Up 50%, US Disputes Forecast Also Rising — In-House Risk Budgets Are Pointed the Wrong Way

Global Legal Post (en)

The UK Solicitors Regulation Authority reports misconduct reports have risen 58% since 2024, with formal investigation referrals up 41%, and is using those figures to justify a 29% increase in overall SRA funding — translating to solicitor practising certificate fees rising from £190 to £240 and firm compensation fund levies from £1,950 to £3,600. Simultaneously, an AlixPartners survey of US companies flags elevated anticipated disputes in 2026, with cybersecurity and data privacy as top concerns. The two data points are separated by an ocean but point the same direction: enforcement appetite and litigation volume are rising together, while external counsel capacity — absorbing both the SRA pressure and the AI transition costs — is under its own strain. Swiss and EU in-house teams setting litigation reserves and outside-counsel budgets for 2027 should treat neither of these as somebody else's problem.

Bilateral III Stirs Brexit Comparisons — Dynamic Alignment Is the Structural Commitment Legal Departments Have Not Fully Costed

SWI Swissinfo (en)

Swissinfo's analysis of Bilateral III surfaces a comparison that will recur: Switzerland's dynamic alignment with EU law looks to UK observers like precisely what they rejected in Brexit. The political framing is less useful than the legal one. The piece published earlier this week sets out what the alignment commitment means operationally: the relevant EU regulations are incorporated on a rolling basis, interpreted by the ECJ, and a compliance programme that tracks static Swiss law is no longer adequate for companies with significant EU activity. The implementation gap — between EU adoption and Swiss incorporation — does not disappear under Bilateral III, it just has a defined mechanism. Knowing that mechanism is now part of the job.

The Klimafonds fell at the ballot; the KIG's reduction pathway and Art. 964b OR were not on it.