More 22 posts of Reto Luthiger

Switzerland’s Next Step in Fintech and Crypto Regulation: New Categories for Payment Instrument Institutions and Crypto Institutions

On 22 October 2025, the Swiss Federal Council opened the consultation process for a major amendment to the Financial Institutions Act, aiming to enhance Switzerland’s regulatory framework for fintech businesses, the issuance of stablecoins and the provision of crypto asset services. This move is designed to strengthen Switzerland’s position as a leading hub for fintech and blockchain innovation, …

Federal Tribunal strengthens Nemo Tenetur Principle in FINMA Proceedings

The Swiss Federal Tribunal has issued a landmark ruling on 21 July 2025, clarifying the limits of using evidence from FINMA proceedings in criminal prosecutions. In decision 7B_45/2022, the Court held that questionnaires submitted to FINMA without informing the addressee of their right not to self-incriminate (nemo tenetur) are inadmissible in criminal trials – in principle, the duty to provide i…

From Blockchain to AI: Legal Insights into Swiss Fintech 2025

Switzerland’s fintech sector is evolving rapidly — and legal frameworks are adapting in response. With its interdisciplinary approach and ongoing involvement in the fintech space, MLL Legal contributes to the broader understanding of these developments by sharing insights on legal and regulatory questions around digital finance, blockchain, AI, and crypto assets. This overview, published in the C…

FINMA Guidance 08/2024 Governance and Risk Management when using Artificial Intelligence

The use of artificial intelligence (AI) in the financial market is on the rise, presenting both opportunities and risks. FINMA emphasizes in its new Guidance 8/2024 the need to properly identify, calibrate, and manage these risks. While there are no specific laws on AI in Switzerland, existing regulatory requirements concerning governance and risk management also apply to AI. This is in line with…


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