What Changes in Switzerland on 1 Jan 2026: Debt Registers, Defects, Credit, and Remote Testimony

Several important Swiss law changes enter into force on 1 January 2026, including amendments to the Debt Collection and Bankruptcy Act (DEBA), the Code of Obligations (CO), the Consumer Credit Act (CCA), the Hague Evidence Convention (HEC) and the Criminal Code (CC).

Non-disclosure of debt collection entries

Under the DEBA amendment, Art. 8a(3)(d) is clarified in two material respects: 

1. a debt collection entry will not be disclosed to third parties if the creditor initiates proceedings to set aside the objection (Rechtsöffnungsverfahren) but ultimately loses; and
2. the debtor may request non‑disclosure even after the one‑year period under Article 88(2) SchKG has expired, and up to five years pursuant to Art. 8a(4).

Construction defects

The CO reform sets a 60-day notice period for defect notifications (including hidden defects) involving immovable works and certain integrated or base works, renders shorter contractual notice periods ineffective, and confirms a five‑year limitation period that cannot be shortened to the purchaser’s or customer’s detriment; advance waivers of the right to free remediation for buildings are invalid.

Consumer credits

The Federal Department of Justice and Police has adjusted the maximum interest rate under the CCA to 10% for cash loans, financing contracts, and leasing, and 12% for overdraft or credit card accounts with a credit option.

Online examination and hearings

A new federal resolution and related amendments to Switzerland’s Declaration No. 5 to the 1970 Hague Evidence Convention permit the examination or hearing in Switzerland via telephone or videoconference without prior approval, provided authorities are notified in advance and conditions protecting sovereignty and data/privacy rights are met.

Key requirements include:

• Timely notification to the Federal Office of Justice and the competent cantonal central authority.
• Informed consent, language rights, and security/specialty limits on evidence use.
• Authorities may attend the conference. 

This facilitation extends to hearings outside evidence-taking and applies vis‑à‑vis non‑HEC states.

Stalking

Criminal law now addresses stalking: Article 181b CC penalises persistent following, harassment, or threats that significantly restrict a person’s freedom of lifestyle, punishable — upon complaint — by up to three years’ imprisonment or a monetary penalty.

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Our firm advises clients on implementing these Swiss law changes; we support policy drafting and contract remediation. If you would like a focused assessment, please do not hesitate to reach out.