Switzerland has played an active role in developing space law and regulation, aligning itself with international frameworks and global trends. The country has a long-standing commitment to international space law, and has ratified four out of the five key United Nations (UN) treaties related to outer space. It is currently working to transpose its international obligations under these treaties into domestic law. It is also preparing its first national space law, which aims to provide a clear legal framework for satellite operations and other space activities.

International Law

Switzerland has so far ratified four out of five UN international treaties related to outer space:

• The 1967 Outer Space Treaty (formally known as the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies”), the main purpose of which is to keep space peaceful with the inclusion of key clauses providing for: i) the banning of nuclear weapons in space; ii) the prevention of any country from claiming sovereignty over any celestial body; and iii) the free exploration and use of space by all nations for peaceful purposes.
• The 1968 Rescue Agreement (formally known as the “Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space”) as an international law tool aimed at giving further concrete expression to the rights and obligations contained in the 1967 Outer Space Treaty by obliging countries to take all possible measures to rescue and assist astronauts in distress and promptly return them to the launching state.
• The 1972 Liability Convention (formally known as the “Convention on International Liability for Damage Caused by Space Objects”), another legal instrument further detailing the rights and obligations from the 1967 Outer Treaty by providing the rules on the liability matters for damage caused by launching state’s space objects.
• The 1975 Registration Convention (formally known as “Convention on Registration of Objects Launched into Outer Space”) governing the registration by launching States of space objects launched into outer space.

Switzerland is not a signatory of the 1979 Moon Agreement (the “Agreement Governing the Activities of States on the Moon and Other Celestial Bodies”).

Swiss National Law and Policies

Beside the ratified international treaties mentioned above, Switzerland also strongly supports a national legal framework related to outer space, and in April 2023 its Federal Counsel adopted a new Space Policy, updating the previous 2008 Space Policy. This move underpinned the Federal Counsel’s commitment to provide support in positioning Switzerland as an acclaimed country for promoting excellence and innovation. The new Space Policy determines country’s strategic priorities and corresponding activities in the space industry. Further goals of the Swiss Federal Counsel regarding a national legal framework for space activities have also been defined in the 2023 Space Policy.

One of the aims relates to Swiss space activity law, for which the Federal Department of Economic Affairs, Education and Research is responsible. The new law on space activities was expected to incorporate the guidelines included in the aforementioned ratified UN treaties into national legislation. Based on this, on 29 January 2025, the Federal Council published a draft Federal Act on Space Activities, along with an explanatory report, to open the consultation procedure. With this Act, Switzerland will be able to implement its international obligations under the four UN outer space treaties that it has ratified, in accordance with the 2023 Space Policy, and improve legal certainty in this area for all involved parties.

In this context, it is also worth mentioning that, on 15 April 2024, Switzerland became the 37th country to sign the Artemis Accords, a political declaration of intent that reflects the signatories’ common understanding of the principles by which they intend to explore and use the Moon, Mars and other celestial bodies. By signing the Artemis Accords, Switzerland underlined its interest in closer cooperation with the signatory countries.

Membership in Relevant Bodies

Switzerland is one of the ten founding members of the European Space Agency (ESA), an independent intergovernmental organisation that develops space infrastructures for Europe that are then deployed and operated by the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) or European Union (EU). Most of the space projects where Switzerland is involved are led by the ESA.

Economic Development and Stakeholder Positioning

Switzerland’s engagement with the NewSpace sector reflects a strategic blend of innovation, regulation, and international collaboration. The Swiss space ecosystem is characterised by a dynamic mix of start-ups, established aerospace companies and research institutions. Key players include the Swiss Space Office (SSO), part of the State Secretariat for Education, Research and Innovation, which coordinates national space policy and international partnerships. As a founding member of the ESA, Switzerland actively participates in ESA programmes, influencing both policy and technological development.

Legal and Regulatory Framework

Switzerland’s positioning in the NewSpace economy has led to concrete developments in its legal and regulatory framework, particularly through the ongoing work on the draft Federal Act on Space Activities.

The fact that Switzerland has been actively involved in space activities since their inception, and that it is a founding member and active participant within the ESA, has enabled Swiss industry and research institutions to acquire significant competencies in this field. As proof of Switzerland’s commitment to the ESA’s programmes, the Federal Assembly of the Swiss Confederation adopted a new federal decree in September 2024, granting credits for cooperation in the space sector for the years 2025 to 2028.

Numerous stakeholders are involved in space-related initiatives in Switzerland. These stakeholders include industry associations, interest groups and various other actors involved in a number of space-related programmes, some of which are listed below:

• The Swiss Space Industry Group, which is responsible for providing relevant information on the needs of space programmes, a comprehensive overview of market developments in the Swiss space sector, a regular exchange of knowledge, and for communication with the SSO, the , research institutions and other key stakeholders.
• The Society of Swiss Earth Observation Service Providers, a platform for the entire value chain in the field of satellite-based earth observation data, which includes the procurement, processing, analysis and visualisation of data.
• The Swiss Institute of Navigation, a non-profit association and a member of the European Group of Institutes of Navigation and the International Association of Institutes of Navigation, whose main objectives are promotion and development of the art and science of positioning, navigation and timing (PNT); co-ordinating information from the different disciplines involved in PNT; enhancing the awareness of institutional and political entities for the importance and criticality of PNT; and promoting students and young professionals.
• The Swiss Committee on Space Research by the Swiss Academy of Sciences, responsible for coordinating and stimulating space research in Switzerland.
• More than 450 companies, including start-ups, active in the space industry.
• Well-known Swiss universities and research institutions, such as the Swiss Federal Institutes of Technology of Zürich; the École polytechnique fédérale de Lausanne; the Universities of Bern, Geneva and Zurich; the International Space Science Institute in Bern; the Astronomical Observatory of the University of Geneve; and many others.

With regard to the various forms of contributions that Switzerland makes to the space sector, the country supports national activities in the space sector with the following forms of funding:

• contributions to multidisciplinary research and innovation projects in the space sector (consortium projects);
• contributions to the International Space Science Institute in Bern as a research institution of international importance in the space sector, where scientists from all over the world are invited to work together to analyse, compare and interpret their data; and

• contributions to the preparation, conduct or post-processing of participation in international space programmes and projects.

Swiss Law is based on the civil law legal system, which means that enacted or written laws are the primary source of law. As in all other civil law legal systems, Swiss law is divided into public and private law. Swiss legislation appears in various forms, such as Federal Constitution, laws and ordinances, although these do not all have the same legal status, with some considered to be primary legislation (acts of Parliament) and others (ordinances) considered to be secondary legislation. Besides this differentiation, since Switzerland is a federal state, Swiss legislation is also layered hierarchically into federal, cantonal and communal law.

As mentioned in 1.1 International Legal and Regulatory Developments, the Swiss Federal Act on Space Activities was drafted and open for consultation until 6 May 2025. With no specific Federal Act on Space in force, since it is only in draft form at present, the current legal basis for national space activities are:

• the Federal Act on the Promotion of Research and Innovation (applicable to research bodies that use federal funding for research and innovation); and
• the Ordinance on the Promotion of National Activities in the Field of Space (regulates the promotion of national activities in the space sector that enable or facilitate Swiss participation in the programmes and projects of the ESA).

With regard to ratified international treaties and the relationship between international and national law in the Swiss legal system, it should be noted that ratified international treaties, including the four UN space-related treaties mentioned above, become automatically applicable upon ratification, and there is no need to transpose these into national law. However, as international treaties often contain only guidelines and principles, rather than specific detailed rules, there is generally a need for further implementation of such principles in national legislation.

Switzerland is not a member of the EU and, as such, EU legislation does not apply to Switzerland or its private entities. However, it is important to consider that the EU proposal, if it contains extraterritorial provisions, could potentially affect Switzerland and its private actors. In the context of the EU legal framework, it is therefore worth mentioning that the EU institutions have announced their intention to adopt an “EU Space Law”. However, the exact content and applicability of this new law remains uncertain at this stage.

To date, Switzerland has no resolved or ongoing legal cases in the field of space law.

Every year, Switzerland invests more than CHF300 million in space activities. These funds contribute significantly to Switzerland’s prosperity and security. With its Space Policy 2023, the Federal Council has reaffirmed its commitment to space activities and highlighted new priorities. However, Switzerland does not have a space agency. It is therefore the Federal Council that decides on Swiss space policy. Its decisions are based on recommendations formulated by the Federal Commission for Space Affairs. The SSO is responsible for the preparation and implementation of the national space policy, in close cooperation and coordination with the ministries and federal offices that have space-related tasks.

In promoting what are known as national space activities, the SSO has three objectives. It aims to:

• strengthen Swiss space actors at universities and non-commercial research institutions outside the university sector;
• advance the implementation of Swiss space policy; and
• prepare these actors optimally for participation with the ESA or other international programmes.

In order to achieve these stated objectives, the SSO is responsible for the fulfilment of the following specific duties:

• developing and implementing Switzerland’s national space policy in close cooperation with other departments and offices;
• coordinating within the Federal Administration the activities carried out in Switzerland for the exploration and use of outer space;
• developing and implementing complementary national activities for the application of the Swiss space policy;
• acting as a point of contact for industry and users of space applications;
• serving as a point of contact for scientific institutions (federal institutes of technology, cantonal universities, universities of applied sciences) for space-related questions;
• representing Swiss interests towards the ESA;
• assessing the effects of the Swiss space policy and making the results available; and
• providing information on Swiss space activities to various stakeholders.

In addition, the Federal Council has mandated the Interdepartmental Coordination Committee for Space Affairs (IKAR) to prepare official Swiss positions on space issues. The IKAR coordinates between the various federal offices involved in space matters. The committee is chaired by the SSO, which also acts as the IKAR secretariat.

The Swiss delegation to the ESA represents the country’s interests vis-à-vis the ESA and its other Member States. It acts as an interface between the ESA and the Swiss scientific community, industry and users of space applications. SERI staff form the core of the Swiss delegation to the ESA Council and its subcommittees. They are supported by specialists from other departments and by delegates from the scientific community and user organisations.

Following the adoption of a Framework Agreement in 2004, the ESA and the EU established the High-Level Space Policy Group (HSPG), a consultative body composed of representatives of all ESA and EU Member States. The Swiss delegation to the HSPG is led by the Space Office of SERI and includes representatives of the Federal Department of Foreign Affairs.

In summary, the framework and main actors of Swiss space activities include international organisations and programmes on the one hand, and the federal administration, industry and research institutions on the other.

To implement the principles of the UN conventions, numerous states have enacted national space legislation and, as previously noted, Switzerland is preparing to do the same in the near future. The development of a Swiss national legal framework will have to consider the country’s specificities and needs.

A Swiss space law, as currently drafted, would cover the launch and operation of space objects, in particular satellites. The main aspects are:

• the authorisation of space activities;
• the oversight of space activities;
• liability issues; and
• the registration of space objects in a national register.       

In the absence of a Swiss national law on space matters that is valid and in force, Switzerland adheres to the obligations stipulated in ratified international treaties. For example, regarding registration matters, it adheres to the Convention on Registration of Objects Launched into Outer Space.       

The Swiss Telecommunications Act includes a direct mandate for the regulatory body responsible for frequency management (the Federal Office of Communication; OFCOM) to take appropriate measures to ensure efficient and non-interference/free use. The frequencies and other parameters are set out in the radio licence or approval. OFCOM issues licences and approvals for commissioning radiocommunications equipment and networks (radiocommunications for professional use, for maritime radio, aeronautical radio and amateur radio). It represents Switzerland in major specialist organisations at national and international level. This involves negotiating reciprocal agreements with foreign administrations concerning the use of radio equipment in Switzerland and abroad. OFCOM is involved in the International Telecommunications Union’s (ITU) three activities: the ITU Radiocommunication Sector, the ITU Telecommunication Standardization Sector and the ITU Telecommunication Development Sector.

Anyone wishing to use the radiocommunications frequency spectrum must obtain a licence. The use of the frequency spectrum up to 3000 GHz generally requires a licence.

The Swiss Telecommunications Act established a dispute resolution service between customers and telecommunications service providers and value-added service providers, which the OFCOM is responsible.

Switzerland’s role in the launching of space assets is that of both provider and facilitator. Firstly, as a provider, Switzerland has contributed significantly to space exploration by providing technological solutions. The applied research company, the Swiss Centre for Electronics and Microtechnology (CSEM), has become an important stakeholder in the space exploration community by providing highly precise scientific instrumentation for satellites and telescopes. Secondly, as a facilitator, the country’s respective body will be granting required licences.

Switzerland has ratified the following treaties:

• the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty);
• the Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space (Rescue Agreement);
• the Convention on international liability for damage caused by space objects (Liability Convention), and
• the Convention on registration of objects launched into outer space (Registration Convention).

However, Switzerland is not a party to the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement).

Since 2007, Switzerland has been a member of the Committee on the Peaceful Uses of Outer Space, as well as the Conference on Disarmament. Switzerland plays an active part in the work of multilateral bodies involved in arms control and disarmament. As a member state of the Committee on the Peaceful Uses of Outer Space, Switzerland adheres fully to the Committee’s Space Debris Mitigation Guidelines. Furthermore, the country actively participates in the undertakings of the Working Group on Long-Term Sustainability for Space Activities within the framework of the United Nations Committee on the Peaceful Uses of Outer Space.

The Federal Constitution requires the Confederation and the cantons to comply with international law. For more information on the relationship between international and national law, see 2.2 Legal System and Sources of Space Law and Regulation.

The draft of the Swiss Federal Act on Space Activities establishes a liability framework for space activities under Swiss jurisdiction. Operators are strictly liable, regardless of fault, for damage caused by their space objects to the Earth’s surface or to aircraft in flight, unless they can prove the damage resulted from force majeure or gross negligence by others, with no fault on their part or defect in the object. For damage involving other space objects or persons/property aboard them, liability applies only in cases of intent or negligence. In all other cases, the Swiss Code of Obligations applies. Additionally, for high-risk space activities, the licensing authority may require liability insurance, with the Federal Council empowered to set a minimum coverage amount.

However, in the absence of an enforced Federal Act on Space in Switzerland, and thus enforceable specific provisions on liabilities, general tort law applies. According to the Swiss Code of Obligations, any person who unlawfully causes damage to another, whether wilfully or negligently, is obliged to provide compensation. Therefore, a prerequisite for liability according to Swiss law is an intentional or negligent illegal behaviour as well as a resulting (causal) damage.

Furthermore, as mentioned in 1.1 International Legal and Regulatory Developments, Switzerland is party to the Convention on international liability for damage caused by space objects (Liability Convention) which stipulates that a launching State will be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft flight.       

In Switzerland, the legal framework governing high-altitude operations, such as stratospheric balloons, currently lacks specific provisions addressing the unique challenges posed by the “border” zone between outer space and aeronautical airspace. This gap in regulation may lead to uncertainties regarding jurisdiction, safety standards and liability. The impending national space law should address these jurisdictional ambiguities and provide a comprehensive regulatory framework for activities in this border zone. However, according to the current draft, it does not.

Current Legal Framework

Switzerland’s approach to space activities is evolving. While the country has ratified key international treaties, it does not yet have a comprehensive national space law. The Federal Council adopted an updated Space Policy in April 2023, emphasising the need for a national legal framework to regulate space activities and ensure compliance with international obligations. In the absence of a dedicated space law, Switzerland applies general aviation regulations to high-altitude operations. The Federal Office of Civil Aviation oversees balloon operations under the EU’s Regulation No 2018/395, which sets standards for balloon flight operations, including licensing and maintenance requirements.

Jurisdictional Ambiguities

The absence of a clear legal demarcation between outer space and aeronautical airspace creates jurisdictional ambiguities. While activities above 100 km are generally considered to be in outer space, operations at altitudes between 20 km and 100 km, where stratospheric balloons typically operate, do not fall neatly into either category. This border zone lacks specific regulatory oversight, potentially leading to conflicts between space law and aviation law.

Ongoing Developments

It is anticipated that Switzerland will recognise and address these challenges in the process of developing a national space law. Nevertheless, as previously stated, the aforementioned element is not incorporated within the draft legislation.       

In the absence of an enforced Federal Space Act in Switzerland, there are no specific rules for space activities, including cybersecurity rules. However, Switzerland advocates in various forums for the non-proliferation of delivery systems for conventional weapons and weapons of mass destruction. Finally, in the absence of a Swiss national law on space matters, Switzerland adheres to the obligations stipulated in the ratified international treaties.

Furthermore, in Switzerland, specific limitations on certain space activities, such as those related to healthcare, life sciences, agri-food, mobility, environment, or energy, are not directly addressed in the draft Federal Act on Space Activities. However, Article 7 of the draft law stipulates that space activities involving space objects are subject to the same regulations that apply to comparable activities on Earth. In instances where such terrestrial rules are absent, the Federal Council is empowered to establish minimum requirements with the aim of preventing harm, limiting environmental pollution, and safeguarding national public interests. Furthermore, space activities are subject to existing national laws such as the War Material Act, the Goods Control Act, the Private Security Services Act, and the Embargo Act, which may indirectly restrict certain uses of space technologies or data.

With regard to space data, the draft Federal Act on Space Activities does not incorporate specific provisions concerning its generation, processing, or protection. Furthermore, the current draft is devoid of any dedicated cybersecurity regulations. The question of tenure security, including terms of operation, renewals, and cancellation procedures, remains unresolved in the draft law. Authorisations for space activities are granted under general conditions, but the law does allow the supervisory authority to impose conditions or terminate operations to safeguard public safety or interests. The regulatory framework is, in general, extensive in nature and relies heavily on cross-references to existing national and international legal instruments.

In the absence of a Federal Act on Space in Switzerland, there are no specific rules on non-interference and prevention of harmful interference in Swiss law. However, general principles contained in the ratified UN outer space treaties shall serve as the guidance in this regard.

Switzerland’s draft Federal Space Act on Space Activities includes measures to help ensure non-interference with the activities of other space-faring entities. As part of the authorisation process, applicants must submit a risk profile that assesses potential risks, including collisions with other space objects, the creation of space debris, and environmental effects in space. These evaluations aim to minimise harmful interference with other spacecraft and missions. Additionally, the law requires operators to promptly notify the National Emergency Centre and the supervisory authority in the event of abnormal operations posing risks, such as a potential satellite crash, allowing for timely response and coordination to prevent further harm or disruption.

Similar to many other European countries, Switzerland does not launch satellites from its territory. As already mentioned, in the absence of a specific Space Law in Switzerland, there are no determined general obligations in this regard yet.

Under Switzerland’s draft Federal Act on Space Activities, operators would be subject to several general obligations to ensure the responsible conduct of space activities from launch preparation through to mission completion or termination. The operators must conduct their missions with due care from launch preparation to completion or decommissioning. They are required to ensure the safety of operations, minimise environmental impacts, including space debris, and comply with national and international law. If a mission cannot be completed as planned, operators must take reasonable steps to safely dispose of the space object. Operators must report any events that could affect the authorised activity and involve only qualified third parties who meet strict requirements. While the draft law does not specifically mention ESG guidelines or the protection of lunar heritage sites, it does prioritise environmental protection and responsible conduct. Additionally, the supervisory authority may require operators to assume responsibilities from non-compliant entities, ensuring alignment with national civil and defence interests.

Currently, Switzerland does not have any specific national rules governing the generation, collection, protection or access to space data. The draft Federal Act on Space Activities does not contain provisions addressing the control, sharing or security of space data, including cybersecurity or state access. Consequently, the State has no defined role in the management or oversight of space data, and there are no rules regulating business-to-business arrangements related to interoperability, protection or sharing of space data. Additionally, the draft law does not regulate the transfer of space data to third countries. In the absence of national legislation specifically addressing space data, Switzerland relies on its general data protection law and its international obligations under ratified treaties related to space activities, while also maintaining its commitment to non-proliferation principles in relevant international forums.

Currently, Switzerland does not have any specific national legislation governing space data spaces. The draft Federal Act on Space Activities does not address the creation, governance or operation of such spaces, nor does it define possible corporate forms, rules of access or stakeholder engagement. There are also no provisions concerning national space data spaces operated by the Swiss government or space agency. Consequently, there are no formal structures in place to coordinate, use or interact with these spaces, or with other national or international data spaces.

As a non-EU country, Switzerland is not directly involved in developing the European Space Data Space. However, Switzerland remains committed to international cooperation in space matters and adheres to the relevant obligations under ratified international treaties.

In Switzerland, there is no standalone, space-specific cybersecurity law. The current draft Federal Act on Space Activities does not also include cybersecurity matters.

Cybersecurity and Data Protection on Earth

Switzerland enforces the Federal Act on Data Protection (FADP), which mandates that personal data be processed securely, which also applies to the companies active in space sector. The Information Security Act (ISG), effective from January 2024, consolidates cybersecurity regulations across federal agencies. It imposes comprehensive security obligations on critical infrastructure operators, including those involved in space activities, to ensure resilience against cyber threats.

Cybersecurity and Data Protection in Space

Switzerland’s space policy, as outlined in the 2023 Space Policy, emphasises the importance of security and sustainability in space. While specific cybersecurity measures for space infrastructure are not detailed, the policy underscores Switzerland’s commitment to international cooperation and adherence to global norms, such as those established by the UN for responsible state behaviour in cyberspace.

Cybersecurity and Data Protection Back to Earth

Upon return to Earth, space-related data and infrastructure are subject to the same national cybersecurity and data protection laws as terrestrial systems. This includes compliance with the ISG and the FADP, ensuring that data collected or transmitted during space missions is handled securely and in accordance with Swiss legal standards.

See 3.1 General Rules on Space Activities.

3.1 General Rules on Space Activities.

On the business side, one of the Swiss start-up companies, a spin-off founded by an experienced team of space debris researchers from the Swiss Federal Institute of Technology in Lausanne, is leading the implementation of the ClearSpace-1 mission aimed at removing debris from orbit and reducing the risk of collision. The project is supported by the ESA. The mission underlines Switzerland’s commitment to sustainable space activities.

Through its draft Federal Act on Space Activities, Switzerland addresses the issue of orbital debris by establishing a clear legal framework aimed at minimising the creation of space debris and promoting the sustainable use of outer space. The law explicitly requires all space activities to be conducted with the necessary precautions to prevent the creation of space debris and ensure the long-term accessibility and peaceful use of outer space for future generations.

Operators have a duty of care to take all necessary measures throughout their authorised activities to ensure safety, limit environmental pollution, and reduce the generation of orbital debris. Additionally, risk assessments for space activities must specifically evaluate the risk of creating space debris, among other hazards.

While the law allows for certain exemptions based on a demonstrated low-risk profile, thorough risk analysis is still required, including consideration of debris-related risks. Furthermore, the draft legislation provides for enforcement mechanisms: significant violations of obligations related to the prevention of space debris can result in fines of up to 10% of the operator’s average annual turnover over the previous three years.

Overall, although there is no national plan solely targeting orbital debris, the draft Federal Act on Space Activities integrates debris mitigation as a core element of Switzerland’s regulatory approach to space activities.

Switzerland does not have a specific tax system related to space activities, but a general system that applies to individuals and companies within the sector. However, in accordance with the Swiss tendency to support innovation and new technologies, including within the space industry, certain tax incentives apply for R&D activities.

Please 6.1 Tax System for Space Activities.

Please see 6.1 Tax System for Space Activities.

There is significant interest in Switzerland in NewSpace. The businesses of the space technology industry sector (forming Swiss Space Industries Group) offer a diverse and competitive range of solutions. Their products are used on ground stations, launch vehicles and satellites. They supply the ESA and NASA programmes, as well as those of other agencies. Furthermore, their customer base also includes private investors in the space markets. The Swiss aerospace company is a global market leader when it comes to safely managing the first three minutes after a rocket launch. It provides the payload fairings for the European carrier rockets Ariane and Vega, contributing significantly to the rocket programme securing autonomous European access to space. Besides being recognised as an industrial centre, Switzerland plays a major role as a centre of research and education.

Over the course of the last two years, various significant events have taken place within the Swiss space community:

• the Japanese mission, launched in September 2023, related to a revolutionary X-ray detector, has been based on the micro-calorimeter with several components developed in Switzerland (XRISM mission);
• the ESA mission, launched in April 2023, with the goal of exploring three of the large moons of Jupiter, contains three instruments with large Swiss contributions (JUICE mission); and
• the ESA mission, launched in July 2023, with a goal to map the dark components of the Universe and help with understanding its evolution, within which the Switzerland contributed to one of the two instruments and the complex and data processing (Euclid).

The funding for space activities in Switzerland is provided by both the public and private sectors. Switzerland invests more than CHF300 million every year in space activities and contributes around CHF150 million a year to the ESA budget. In addition, and as mentioned in 2.1 Characteristics of the Space Industry, in September 2024, the Federal Assembly of the Swiss Confederation adopted a new Federal Decree granting credits for cooperation in the space sector for the years 2025 to 2028. A commitment credit of CHF1,666.3 million has been approved to finance participation in European Space Agency (ESA) programmes.

One of the key aspects of space financing in Switzerland is the ESA Business Incubation Centre Switzerland, a national programme supported by the ESA and ETH Zürich, one of the world’s leading universities, established in Switzerland. The programme provides a range of comprehensive support initiatives to entrepreneurs and start-ups for exploiting space systems or technologies to develop their terrestrial businesses or using technology from earth for an application related to space.

Switzerland also offers several other sources of financing innovative businesses through private funds, such as:

• accelerator and incubator programmes that provide funding along with the mentoring, networking opportunities and business support;
• angel investors as individuals who invest their private assets into the company in exchange for equity; and
• venture capital funds, as pooled funds from multiple investors, usually focused on high-value investments into the company in exchange for equity.

The Swiss space industry landscape is built upon strong support from both the state and the industry. Switzerland’s space policy delineates a strategic vision for the future, enabling the formulation of a cohesive and effective overall policy. This policy is harmonised with the nation’s key stakeholders in the space sector and is integrated within the broader international framework.

Established Swiss universities and research institutions also contribute significantly to the Swiss space landscape by cooperating with the Swiss space sector through academic and industrial projects with direct use of the space domain. Finally, the Swiss Federal Act on Space, for which the draft is expected soon, should strengthen the position of Switzerland as an attractive business location for space activities.

Switzerland is following international trends regarding foreign investment and the government is working on the Investment Control Act which is expected to come into force in 2025 at the earliest. Under the proposed foreign investment control rules, the acquisition of Swiss companies active in certain critical industries by a foreign investor(s), will be subject to prior approval. Besides the “operating in the critical sector” requirement, for the Investment Control Act to be applicable, the acquirer should also be considered as a foreign state-controlled investor.

NewSpace companies in Switzerland generally prepare the following core documentation when raising funds, particularly from venture capital, institutional investors, or public innovation agencies:

• Pitch Deck/Executive Summary: a concise, high-level overview of the business model, market opportunity, competitive edge, technology readiness level (TRL), and current funding requirements.
• Business Plan and Financial Model: in-depth details on financial projections, use of funds, revenue streams, go-to-market strategies, and the timeline for technology development and deployment.
• Technical Documentation: NewSpace ventures are typically expected to submit more extensive technical documentation than startups in other sectors. This includes information on payload specifications, launch partners, mission architecture, orbital parameters, risk assessments, and adherence to space safety standards.
• Regulatory Compliance: a clear statement on compliance with relevant space regulations is often required, including references to ESA guidelines or international standards on debris mitigation – especially important when applying for public or institutional funding.
• Data Protection Assessment: if the company handles personal data (eg, via satellite imagery or Earth observation), it must provide a data protection statement outlining data anonymisation, storage, transfer, and security practices.
• Investment Term Sheet/Shareholder Agreement: legal documents that define the investment structure, governance model, liquidation preferences, and investor rights.

In Switzerland, fundraising for space companies often involves unique considerations compared to other sectors, such as the need for specialised technical due diligence, alignment with international regulatory frameworks, and access to niche public funding or ESA programmes. These factors can differentiate space-sector fundraising from more traditional ventures.

In Switzerland, due diligence in NewSpace fundraising and M&A transactions follows general corporate practices but may include sector-specific focus areas due to the regulatory and technical nature of space activities in the future based on the draft Federal Act on Space Activities.

Key aspects may include the following.

• Regulatory Compliance: a review of current and anticipated obligations under the draft Federal Act on Space Activities.
• Licensing and Mission Approvals: verification of any required or pending space activity authorisations, including launch, operation, and international coordination.
• Data Protection: assessment of compliance with the Swiss Federal Act on Data Protection, especially where personal or sensitive satellite data is processed or transferred across borders.
• Liability and Insurance: evaluation of risk exposure related to in-orbit operations and space debris, including applicable insurance coverage under the draft Federal Act on Space Activities framework.
• Technology and IP: scrutiny of ownership, licensing, and export control status of key technologies.

Overall, Swiss NewSpace due diligence requires close attention to compliance, data governance, and risk management, reflecting the evolving legal framework.

In Switzerland, liquidity events such as trade sales, IPOs or secondary share sales follow standard corporate and financial procedures. However, based on the draft Federal Act on Space Activities, NewSpace companies may also need to consider regulatory and data-related obligations in future.

Key considerations under the draft law include the following.

• Regulatory Compliance: Space operators must ensure continued compliance with licensing, liability and data handling requirements during and after a liquidity event. Any transfer of operational control or assets may trigger a review by the Swiss authorities.
• Continuity of Authorisations: Buyers or new owners may need to notify the relevant authorities or reapply for authorisations related to space missions, particularly if the acquiring entity is foreign or if control shifts substantially.

Switzerland does not have a specific securities’ system related to space financing, but general sources of financing apply. Subject to the origin of funds, the financing could be determined as external or internal. External financing is particularly relevant for financing in the space industry, as internal financing does not always appear to be feasible for the start-ups that take up a significant share of the space industry now. External financing from a third party can be divided between debt financing (mainly credit, loans or crowdfunding) and equity financing (mainly business angels, venture-capital or crowdfunding).

Switzerland provides robust and effective protection for intellectual property rights within its national legal framework. General intellectual property laws, such as the Swiss Patent Act, Copyright Act and Trademark Protection Act, apply fully to space technologies and related assets. These rights are protected both domestically and internationally through Switzerland’s participation in treaties such as the Patent Cooperation Treaty and the TRIPS Agreement.

NewSpace companies in Switzerland usually protect their innovations using patents, trade secrets and contractual agreements. They also use the Swiss Patents Act and international frameworks, such as the Patent Cooperation Treaty, to obtain broader protection. While not all companies seek intellectual property protection in every launch state, many pursue coverage in key markets and jurisdictions involved in launches, operations, or commercialisation.

Although Switzerland does not have specific intellectual property enforcement rules for space, general legislation such as the Swiss Patents Act and related laws applies to space-related innovations. These rights are enforced nationally and internationally through the aforementioned international treaties. While there is no explicit extension of patent law to activities conducted in space, intellectual property rights can apply to Swiss-registered space objects under the principle of quasi-territoriality. While the Draft Federal Act on Space Activities does not yet explicitly address patent law in space, it does allow the Federal Council to regulate access to data and activities in the public interest, which could indirectly impact innovation and the use of intellectual property in space.

In Switzerland, arbitration agreements are commonly included in commercial contracts, including those related to space activities, reflecting the country’s status as a leading jurisdiction for international arbitration. Swiss law provides a robust legal framework for enforcing arbitration clauses, enabling parties to resolve disputes neutrally and efficiently. The institutions most commonly chosen for arbitration in Switzerland are the Swiss Arbitration Centre and the International Chamber of Commerce. Arbitration is often seated in Zurich or Geneva, offering legal neutrality and access to highly respected arbitration resources.

To date, there have been no notable cases of foreign investors lodging claims against Switzerland in space-related arbitrations.

Although Switzerland has not yet experienced significant space-related litigation, it plays a key role in international arbitration, including that related to space activities. This is primarily due to its status as a leading hub for international contracts and dispute resolution.

Looking ahead, trends in space-related litigation in Switzerland are likely to focus on regulatory compliance and liability for space debris, as the country’s legal framework adapts to meet the challenges posed by the growing NewSpace sector.