09 July 2015

E-Commerce in Switzerland: order button mandatory

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As per 1 July 2015, Switzerland introduced the order button solution for e-commerce. The violation of these rules are considered as unfair competition and are subject to criminal prosecution.

  • Dr. Martin Eckert

    Legal Partner
On July 1, 2015, Switzerland introduced new rules for electronic commerce to protect consumers (article 11abis para. 2 Swiss Price Disclosure Ordinance). Online ""Click""-orders are only valid and enforceable as binding contracts if (i) the price is indicated on the button itself, or (ii) if the button is (a) placed in the e-shop directly next to the price and (b) clearly and readably labeled with the words «zahlungspflichtig bestellen» (order with obligation to pay). Other words may be used as long as they have unambiguously the same meaning. The new rules are similar to the so called ""order button-solution"" in Germany. The violation of the new rules is considered as unfair competition and subject to criminal prosecution. The Swiss State Secretariat for Economic Affairs SECO is the supervisory authority and contact point for reports.

 

 
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