In a statement dated June 2001, the Swiss Banking Association condemned the inclusion in the Bill on Electronic Commerce of legal issues such as purchase and sale provisions, which are obviously not relevant to electronic commerce. It further criticized proposed provisions intended to strengthen consumer protection, an issue which should rightly be regulated in a special separate law.

Since 1997 door-to-door contracts have been subject to a seven-day right of revocation. The Bill on Electronic Commerce proposes to extend this revocation right to distance contracts. However, in such cases the consumer usually takes the initiative to carry out the transaction, so the risk of an unconsidered and/or unwanted decision is limited. Further, a credit card issuer is not an implied party to the transaction between the client and the trader. This is why the consumer should not be allowed to assert his revocation right against the "third party that has financed the payment of the good or the service" - in most cases, the credit card issuer. The Swiss Banking Association has consequently rejected the bill.

The Bill on Electronic Commerce will be submitted to Parliament after the submission of the Bill on Electronic Signatures, which, according to the federal Department of Justice and Police, will be treated with priority.

For further information on this topic please contact Guy-Philippe Rubeli at Pestalozzi Lachenal Patry by telephone (+41 22 80 94 500) or by fax (+41 22 80 94 501) or by e-mail ([email protected]).

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