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Art. 2 Principle
Any conduct or business practice that is misleading or which otherwise violates the principle of good faith such that it influences the relationship between competitors or between suppliers and customers is unfair and unlawful.
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Art. 3 Unfair advertising and sales methods and other unlawful conduct
1 A person acts unfairly if they: - a.
- disparage others, their goods, work, services, prices or their business relationships by making incorrect, misleading or unnecessarily harmful statements;
- b.4
- provide incorrect or misleading information about themselves, their business, their business name, their goods, works or services, their prices, their volume in stock, the nature of the sales transaction or about their business relationships or benefit third parties in competition through such conduct;
- c.
- use incorrect titles or professional designations that are likely to give the impression that they hold special qualifications or skills;
- d.
- take measures that are likely to cause confusion with the goods, works, services or the business operations of others;
- e.
- compare themselves, their goods, works, services or their prices in an incorrect, misleading, unnecessarily disparaging or plagiaristic way with others, their goods, works, services or prices or benefit third parties in competition through such conduct;
- f.
- repeatedly offer selected goods, works or services at below the cost price, give special emphasis to these offers in advertising and thus deceive the customer as to their own or their competitors’ performance; deception is presumed if the sale price is less than the cost price of comparable purchases of similar goods, works or services; if the defendant proves the actual cost price, this price is decisive in the assessment;
- g.
- deceive the customer as to the actual value of the offer by adding premiums;
- h.
- adversely affect the customer’s freedom to decide by using particularly aggressive sales methods;
- i.
- conceal the condition, quantity, purpose, use or dangerousness of goods, works or services and thereby deceive the customer;
- k.5
- fail to state their business name clearly in public statements about consumer credit or fail to indicate clearly the net amount of the credit or the overall costs of the credit and the effective annual interest rate;
- l.6
- fail to state their business name clearly in public statements about consumer credit to pay for goods or services or fail to indicate clearly the cash price, the price to be paid under the credit agreement, and the effective annual interest rate;
- m.7
- offer or conclude a consumer credit agreement in the course of a business activity and in doing so use contract forms that contain incomplete or incorrect information about the subject matter of the contract, the price, the payment terms, the duration of the contract, the customer’s right to withdraw from or terminate the contract or the customer's right to make early repayment of the outstanding debt;
- n.8
- fail to state in public statements about consumer credit (let. k) or consumer credit to pay for goods or services (let. l) that the granting of credit is prohibited if it leads to the consumer’s overindebtedness;
- o.9
- send or arrange to be sent mass advertising without direct connection with any requested content by telecommunication and in doing so fail to obtain the prior consent of the customer, or to indicate the correct sender or a simple and free of charge option of refusal; any person who receives contact details of a customer when selling goods, works or services, and who indicates the option of refusal when doing so, does not act unfairly if they send that same customer mass advertising for their own similar goods, works or services without the customer's consent;
- p.10
- solicit entries in directories of any nature using offer forms, correction proposals or similar or solicit advertising orders or offer such entries or advertising orders directly without indicating the following in large print, in a prominent place and in understandable language:
- 1.
- that the offer is private in character and subject to a charge,
- 2.
- the duration of the contract,
- 3.
- the total price for that duration, and
- 4.
- the geographical spread, form, minimum print run and the latest date of publication;
- q.11
- send invoices for entries in directories of any nature or for advertising orders, without being given a corresponding order beforehand;
- r.12
- promise to supply goods, pay bonuses or provide other services on conditions that are advantageous to the recipient primarily if the recipient recruits other persons and less if the recipient sells or makes use of the goods or services (snowball, avalanche or pyramid schemes);
- s.13
- offer goods, works or services online and in doing so fail:
- 1.
- to provide clear and complete details of their identity and their contact address including their email address,
- 2.
- to indicate the individual technical steps that lead to a contract being concluded,
- 3.
- to provide suitable technical means for identifying and correcting input errors before submitting the order,
- 4.
- to provide immediate online confirmation of the customer's order;
- t.14
- promise a prize as part of a competition or a prize draw the redemption of which is conditional on the use of a chargeable value-added service number, the payment of compensation for expenses, the purchase of a good or service or participation in a sales event, promotional trip or a further prize draw
- u.15
- fail to observe a note in the telephone directory that a customer does not wish to receive advertising from persons with whom they have no business relationship and that their data may not be passed on for the purposes of direct advertising; customers without a directory entry shall be treated in the same way as customers with a directory entry and note;
- v.16
- make advertising calls without displaying a telephone number which is entered in the telephone directory and which they are entitled to use;
- w.17
- make use of information that has come to their knowledge as a result of an infringement of letter u or v;
- x.18
- make claims about themselves, their goods, works or services relating to the environmental impact that they cause that cannot be substantiated on the basis of objective and verifiable criteria.
2 Paragraph 1 letter s does not apply to voice telephony and to contracts concluded exclusively by the exchange of electronic mail or by comparable individual communication.19 4Amended by No I of the FA of 24 March 1995, in force since 1 Nov. 1995 (AS 1995 4086; BBl 1994 III 442). 5 Amended by Annex 2 No II 2 of the FA of 23 March 2001 on Consumer Credit, in force since 1 Jan. 2003 (AS 2002 3846; BBl 1999III 3155). 6 Amended by Annex 2 No II 2 of the FA of 23 March 2001 on Consumer Credit, in force since 1 Jan. 2003 (AS 2002 3846; BBl 1999III 3155). 7 Amended by No II of the FA of 13 Dec. 2013 (Repeal of Provisions on Advance Payment Contracts), in force since 1 July 2014 (AS 2014 869; BBl 2013 46315793). 8 Inserted by Annex 2 No II 2 of the FA of 23 March 2001 on Consumer Credit, in force since 1 Jan. 2003 (AS 2002 3846; BBl 1999III 3155). 9 Inserted by Annex No 1 of the FA of 24 March 2006, in force since 1 April 2007 (AS 2007921; BBl 2003 7951). 10 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151). 11 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151). 12 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151). 13 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151). 14 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151). 15 Inserted by No I of the FA of 17 June 2011 (AS 2011 4909; BBl 2009 6151). Amended by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). 16 Inserted by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). 17 Inserted by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). 18 Inserted by Annex No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651). 19 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).
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Art. 3a Discrimination in long-distance trading 20
1A person acts unfairly towards a customer in Switzerland in particular if, in long-distance trading, without objective justification, on the basis of the customer’s nationality, place of residence, place of establishment, the registered office of the customer’s payment service provider or the place of issue of the customer’s means of payment: - a.
- they discriminate in relation to the price or terms of payment;
- b.
- they block or restrict the customer’s access to an online portal; or
- c.
- they redirect the customer to a version of the online portal other than the one originally visited without the customer’s consent.
2 This provision does not apply to non-economic services of general interest; financial services; electronic communication services; public transport services; services provided by temporary employment agencies; healthcare services; games of chance that require a monetary stake, including lotteries, games of chance in casinos and betting; private security services; social services of any nature; services connected with the exercise of official authority; activities of notaries and court officers appointed by public authorities; audio-visual services.
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Art. 4 Inducement to breach or terminate a contract
A person acts unfairly in particular if they: - a.
- induce a customer to breach a contract in order to enter into a contract with that customer;
- b.21
- …
- c.
- induce employees, agents or other auxiliary personnel to betray or find out manufacturing or trade secrets belonging to their employer or client;
- d.22
- induce a consumer who has entered into a consumer credit agreement to cancel the agreement in order to enter into an agreement with that consumer.
21 Repealed by Art. 2 No 1 of the FD of 7 Oct. 2005 on the Adoption and Implementation of the Council of Europe Criminal Law Convention on Corruption and its Additional Protocol, with effect from 1 July 2006 (AS 20062371; BBl 20046983). 22 Amended by No II of the FA of 13 Dec. 2013 (Repeal of Provisions on Pre-Payment Agreements), in force since 1 July 2014 (AS 2014 869; BBl 2013 46315793).
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Art. 4a Bribery and accepting bribes 23
1 A person acts unfairly if they: - a.
- offer, promise or grant an undue advantage to an employee, a company member, an agent or another auxiliary person of a third party in the private sector in connection with the latter's official or business activity in return for an act or omission in breach of the latter's duty or subject to their discretion for the former's benefit or for the benefit of a third party;
- b.24
- as an employee, a company member, an agent or another auxiliary person of a third party in the private sector solicit the offer or promise of or accept an undue advantage in connection with their official or business activity in return for an act or omission in breach of their duty or subject to their discretion for their own benefit or for the benefit of a third party.
2 Advantages contractually approved by the third party and minor, socially customary advantages are not undue advantages. 23 Inserted by Art. 2 No 1 of the FD of 7 Oct. 2005 on the Adoption and Implementation of the Council of Europe Criminal Law Convention on Corruption and its Additional Protocol, in force since 1 July 2006 (AS 20062371; BBl 20046983). 24 The correction by the FA Drafting Committee of 10 Dec. 2015, published on 31 Dec. 2015, relates to the Italian text only (AS 2015 5999).
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Art. 5 Exploiting the work of others
A person acts unfairly in particular if they: - a.
- exploit a work product entrusted to them, such as an offer, calculation or plan, without authorisation;
- b.
- exploit a third party’s work product, such as an offer, calculation or plan, even though they must know that it was given or made accessible to them without authorisation;
- c.
- take over and exploit another person's work product that is ready for the market by means of technical reproduction processes without any reasonable effort of their own.
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Art. 6 Breach of manufacturing and trade secrecy
A person acts unfairly in particular if they exploit or disclose to others manufacturing or trade secrets that they have found out or otherwise unlawfully obtained.
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Art. 7 Non-compliance with conditions of employment
A person acts unfairly in particular if they do not comply with conditions of employment that also apply to competitors by legal rule or agreement, or which are customary in the profession or location concerned.
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Art. 8 Use of improper terms and conditions of business 25
A person acts unfairly in particular if they use general terms and conditions of business that provide for a considerable and unjustified imbalance between contractual rights and contractual obligations to the prejudice of consumers in a manner that is in breach of good faith.
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Art.8a Use of parity clauses in dealings with accommodation businesses 26
A person acts unfairly in particular if, as the operator of an online platform for booking accommodation services, they apply general terms and conditions of business that restrict, directly or indirectly, the ability of accommodation businesses to fix prices and make offers by means of parity clauses, in particular in relation to prices, availability or conditions.
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