EU AI Act after the Omnibus: what Swiss SMEs need to know

The EU AI Act has been in force since August 2024 and takes effect in stages. In July 2026 the EU moved several deadlines with the so-called Digital Omnibus. Many Swiss SMEs ask whether any of this applies to them. The short answer: yes, as soon as you offer AI systems in the EU or their output is used there.

Why the AI Act affects Swiss companies

The AI Act does not only apply to companies based in the EU. It also covers providers and deployers from third countries when their AI systems are used in the EU or their output is used there. A software company in Zug that runs an AI chatbot for a German client is in scope.

What the Digital Omnibus changed

High-risk systems under Annex III (for example AI for recruitment, creditworthiness or education): obligations now apply from 2 December 2027 instead of August 2026.
High-risk AI in regulated products under Annex I (such as medical devices or machinery): now from 2 August 2028.
Transparency obligations still apply from 2 August 2026. People must be able to tell that they are interacting with AI.
Labelling AI-generated content: systems already on the market before August 2026 have a transition period until 2 December 2026.

Obligations for providers of large general-purpose AI models have applied since August 2025, as has the duty to ensure AI literacy within your team.

And in Switzerland?

Switzerland still has no AI-specific law. In February 2025 the Federal Council decided to adopt the Council of Europe AI Convention and asked the Federal Office of Justice to prepare a consultation draft by the end of 2026. Until then existing law applies, above all the revised Data Protection Act. The Federal Data Protection Commissioner has made clear that the revFADP applies directly to AI applications.

What to do now

Build an inventory: which AI tools does your company use, and for what? Include built-in features in Microsoft 365 or your CRM.
Check customer contact: does a chatbot or AI phone assistant talk to customers? Then it must be clear that it is AI.
Document data flows: where is personal data processed, and by which provider?
Train your team: a short internal policy on what is and isn't allowed with AI creates clarity.

Bottom line

For most SMEs the AI Act is no reason to panic, but it is a good reason to get organised. If you know today which AI is used where, you will also be well prepared for the Swiss rules expected from 2027. If you need help with the inventory, get in touch.

Note: this article is a general overview, not legal advice. Status: October 2026.