B-04-49 FINMA Guidance 08/2024

The European Regulation on Artificial Intelligence (AI Act) sets out specific obligations for the various actors involved in the different stages of the development, operation and use of a tool covered by the AI Act. The two most important ‘roles’ in relation to these obligations are those of “provider” and ‘deployer’. It is therefore important to determine the role that each company plays in relation to the artificial intelligence systems (AIS) or general-purpose AI models (GPAIM) (for the concepts of[...]

The Federal Supreme Court has upheld a ruling by the Geneva Court of Appeal dismissing a liability claim against a bank for mismanagement on the grounds that the allegations were insufficient (ruling 4A_276/2024 of 31 March 2025). The client had held a bank account with the bank in question since the 1960s. In 1995, she inherited EUR 3 million and entered into a management agreement with the bank. At that time, the client's portfolio consisted solely of bonds and cash.[...]

Artificial intelligence (AI) is gradually transforming the landscape of businesses and financial institutions. To take full advantage of these technologies while managing the associated risks, it is essential to establish robust AI governance. This ensures that AI systems are aligned with the company's values, objectives and regulatory standards, while ensuring effective risk management. According to a FINMA survey, the use of AI in Swiss financial institutions rose from 53% in 2023 to 75% in 2025, with a projection of 90%[...]

When several clients are harmed in the same case of fraud, an important question arises in insurance: is this a single claim or several claims? In its ruling 4A_626/2024 of 21 March 2025, the Federal Court answered in the affirmative. It upheld an arbitration award that denied a bank any insurance coverage on the grounds that each claim by an aggrieved customer had to be considered a separate claim, subject in particular to a separate deductible. The ruling highlights the[...]