From the magazine SZW-RSDA 1/2020 | S. 53-61 The following page is 53

Haftung für automatisierte Entscheidungen – Herausforderungen in der Praxis

It is now technically possible for decisions to be made by autonomous means without any human involvement. The ability of automated decision making systems to act increasingly autonomously poses new challenges to the current legal framework. For example, in addition to contractual and non-contractual liability bases, proposals are being made for liability under the Swiss Product Liability Act or insurance law. Swiss ­liability law has a general character which makes it technology-neutral. The Federal Council considers the current regulations to be sufficient. This article will, however, show that the existing legal norms are rather less applicable to liability issues that arise in connection with autonomous systems.

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