Here are some of the position papers on artificial intelligence and publications, covering a variety of legal matters.

You can view Markus’ full list of publications here and here.

 

For translations, we recommend Deepl.com

 

Responsible AI: Recommendations for the Swiss Federal Council for the ratification of the Council of Europe AI Convention, 31 March 2025

This position paper congratulates the Swiss Federal Council on its decision to sign and ratify the Council of Europe AI Convention and advocates for its comprehensive implementation. By adopting these measures, Switzerland can enhance its status as an innovation leader and foster economic growth. Following the Swiss Federal Council's decision on how it would implement the Council of Europe AI Convention in December 2025, these two positions constitute major policy wins.

REplies for the European COmmission ON THE Scope of obligations of Providers of General PURPOSE Artificial Intelligence models in the EU AI Act, May 2025

Recommendations for hardware training compute thresholds, placing in the market, and downstream modifiers, and classifying open-source models and exemptions. There are partial policy wins.

Safeguarding democracy: Path forward for the Dual Use of Artificial General Intelligence (AGI), January 2026

This position paper outlines registration requirements for high-risk AI models, and risk assessments (cybersecurity, data protection, and human rights) for all AI systems in the public and private sectors to support responsible AI deployment that fosters innovation while protecting democracy and promoting economic growth.

Autonomous vehicle risks

Covers the associated legal liability risks and shows how they are manageable. Also discusses the fundamental question of fairness in risk allocation.

Selbstlernende Fahrzeuge — eine Haftungsanalyse

ANALYSE contract law

Studies European efforts to create a unified contract law and the ramifications for Switzerland.

Ein Europäisches Vertragsrecht – und die Schweiz

 

Ways to obtain evidence

Explains the 28 U.S.C. § 1782 proceedings, and how parties to a Swiss civil litigation can use that form of discovery to obtain evidence in the US – then apply it to Swiss proceedings.

Use of Evidence Obtained in US-American Discovery in Switzerland

 

Choice-of-court clauses

Discusses the legal risks associated with the common use of such clauses in general terms and conditions, and how these risks can be mitigated.

Per Mausklick zum Gerichtsstand

 

Choosing Swiss courts

Details the circumstances under which parties can choose Swiss commercial courts, and what procedural precautions need to be taken.

Vereinbarung handelsgerichtlicher Zuständigkeit

 

The legality of marketing management

Shows how marketing never happens in a legal-free zone; many aspects of financial law, criminal law, anti-trust law, personality rights have to be considered.

Die rechtliche Seite des Marketingmanagements — Aktuelle Aspekte