B-04-49 FINMA Guidance 08/2024

In November 2025, the European Commission presented the Digital Omnibus Package. Its second part (the ‘Digital Omnibus II’) proposes several targeted adjustments to Regulation (EU) 2024/1689 on artificial intelligence (IA Act) that pursue a central objective: to improve its implementation in light of the initial difficulties identified, while maintaining the architecture of the law based on the assessment of the risks presented by an AI system (AIS) or a general-purpose AI model (GPAIM). As already mentioned in a previous commentary[...]

On 8 September 2025, the Financial Stability Institute (FSI) published a document aimed at clarifying what is meant by ‘explainability of artificial intelligence systems’ and certain options for how to meet this requirement. This document is particularly important given that FINMA has made explainability one of the key points for banks to consider in its Communication 08/2024 of 18 December 2024 on the supervision of governance and risk management in relation to the use of artificial intelligence (see Caballero Cuevas,[...]

The European Regulation on Artificial Intelligence (AI Act) sets out a series of obligations that may apply to Swiss financial institutions even if they do not have a physical presence in the EU. This commentary uses three practical examples to illustrate how the AI Act could apply in practice and what Swiss financial institutions should be aware of, particularly when an AI system (AIS) is classified as high risk. As a reminder, the AI Act is likely to apply to[...]

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 an AI Act -covered tool. 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 artificial intelligence systems (AIS) or general-purpose AI models (GPAIM) (on the concepts of AIS and GPAIM,[...]