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:
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 Council adopted a new Space Policy, updating the previous 2008 Space Policy. This move underpinned the Federal Council’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 Council 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 Operations, 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. The consultation closed on 6 May 2025 and, according to the Federal Council, gained broad support across cantons, political parties, business and the public, with various concerns being incorporated into a revised text. On 25 February 2026, the Federal Council adopted the dispatch (Botschaft) and the bill (Federal Act on Space Operations; Raumfahrtgesetz, RFG) and transmitted these to Parliament; parliamentary deliberation is expected during the course of 2026, and the Federal Council does not expect the Act to enter into force before 2028. By introducing an authorisation and supervisory regime, a dedicated liability framework for damage caused by space objects, and a national register of space objects, the proposal seeks to create a clearer and more predictable legal environment for operators under Swiss jurisdiction.
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 Operations.
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:
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:
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 Operations was submitted to a public consultation which closed on 6 May 2025; on 25 February 2026, the Federal Council adopted the dispatch and the bill and transmitted these to Parliament, where deliberation is expected during 2026. With no specific Federal Act on Space in force, since the Act has not yet come into effect, the current legal basis for national space activities are:
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. As a matter of external EU law, such an instrument would not form part of the Swiss legal order, but it may be relevant to Swiss operators because of its extraterritorial reach. On 25 June 2025, the European Commission published its proposal for an EU Space Act (a regulation on the safety, resilience and sustainability of space activities in the Union, COM(2025) 335). The proposal is built on three pillars – safety, resilience (including tailored cybersecurity requirements) and environmental sustainability – and is being negotiated under the ordinary legislative procedure; once adopted, it is intended to apply from 1 January 2030. As it is designed to apply not only to EU operators but also to third-country operators providing space services or space-based data within the EU, Swiss operators active in the EU single market could fall within its scope, even though the regulation would not, as such, form part of Swiss law.
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:
In order to achieve these stated objectives, the SSO is responsible for the fulfilment of the following specific duties:
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 set out in the bill transmitted to Parliament, would cover the launch and operation of space objects, in particular satellites. The main aspects are:
The bill defines its scope through several key terms and, in particular, distinguishes between space travel activities and space activities. Space travel activities – the launch, positioning, operation, steering and control of space objects, especially satellites – are subject to the authorisation and supervision regime (Article 3 letter a and Article 8 of the draft Federal Act on Space Operations). Space activities, understood as an activity in space or on a celestial body that is based on a space travel activity (Article 3 letter c of the Federal Act on Space Operations), is not directly subject to the authorisation regime. However, as the activity is based by definition on a space travel activity, which is subject to an authorisation, such space activities are indirectly subject to the authorisation regime.
The draft Federal Act on Space Operations covers all space travel activities that are carried out on Swiss territory, carried out on ships, floating platforms, or aircraft registered in Switzerland, or are carried out outside Swiss territory by operators who are domiciled in Switzerland or have their registered or de facto headquarters there (Article 4 of the draft Federal Act on Space Operations) In addition, Swiss material national law applies on a flag-principle basis – ie, to space objects entered in the Swiss national space register (Article 6 of the draft Federal Act on Space Operations). This connecting factor also underpins the application of Swiss law to the activities and assets associated with such objects, including for intellectual property purposes (see 8.3 Enforcement of Patentee’s Rights in Space). Space activities shall be governed by the Swiss regulations that apply to similar activities on Earth (Article 7 of the draft Federal Act on Space Operations).
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 objects 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:
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.
Swiss law does not contain a separate statutory definition with respect to the principle of due regard. The principle derives from Article IX of the Outer Space Treaty under which States Parties must conduct their activities with due regard to the corresponding interests of all other States Parties; as a ratified treaty, it applies directly in Switzerland without further transposition. Switzerland also subscribes to the due-regard logic reflected in the Artemis Accords, which it signed on 15 April 2024. At national level, the Federal Act on Space Operations, currently before Parliament, gives the principle practical effect through the obligations described in 3.2 Principles of Non-Interference and Prevention of Harmful Interference, in particular the risk profile submitted as part of the authorisation process (Article 9 of the draft Federal Act on Space Operations), the assessment of collision and debris risks, and the duty to promptly notify the competent authorities of abnormal operations (Article 15 of the draft Federal Act on Space Operations).
The draft of the Swiss Federal Act on Space Operations establishes a liability framework for space travel activities under Swiss jurisdiction (Article 23 et seq of the draft Federal Act on Space Operations). 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, that persons for whom they are responsible are not at fault, and 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 travel activities, the licensing authority may require liability insurance, with the Federal Council empowered to set a minimum coverage amount (Article 27 of the draft Federal Act on Space Operations).
A central feature of the draft Federal Act on Space Operations is the operator’s direct civil liability: an injured party may bring a claim directly against the operator of the space object before the Swiss civil courts. As an alternative, an injured party may pursue a claim against the Confederation through its home State under the Liability Convention; the two routes are mutually exclusive, and where the Confederation is held liable under the Liability Convention, it has a right of recourse against the operator (Article 29 of the draft Federal Act on Space Operations). The strict liability for damage on the Earth’s surface or to aircraft in flight (Article 23 of draft Federal Act on Space Operations) is justified by the particular danger of space travel activities, in line with the approach taken in road traffic, aviation and nuclear energy law, while damage to other space objects is governed by fault-based liability (Article 24 of draft Federal Statute on Space Operations).
However, in the absence of an enforced Federal Act on Space Operations 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 Federal Act on Space Operations, 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 Federal Act on Space Operations.
Until the Federal Act on Space Operations enters into force, there are no specific rules for space activities in Switzerland, 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 Operations. However, Article 7 of the draft Federal Act on Space Operations 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 Operations 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 (Article 34 et seq of the draft Federal Act on Space Operations). The regulatory framework is, in general, extensive in nature and relies heavily on cross-references to existing national and international legal instruments.
Until the Federal Act on Space Operations enters into force, 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 Act on Space Operations 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 (Article 9 of the draft Federal Act on Space Operations). These evaluations aim to minimise harmful interference with other spacecraft and missions. Additionally, the law requires operators to promptly notify 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 (Article 19 of the draft Federal Act on Space Operations).
Similar to many other European countries, Switzerland does not launch satellites from its territory. As already mentioned, until the Federal Act on Space Operations enters into force, there are no determined general obligations in this regard yet in Switzerland.
Under Switzerland’s draft Federal Act on Space Operations, 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 (Article 12 et seq of the draft Federal Act on Space Operations). 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 Operations 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 Federal Act on Space Operations 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 Operations 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 Operations has no provisions specifically dealing with 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.
Swiss law contains no provisions on protected zones in outer space, whether around a satellite or in the form of lunar heritage sites on celestial bodies. The draft Federal Act on Space Operations prioritises environmental protection and the prevention of space debris (see 3.3 Operators’ Responsibilities and 5.3 Orbital Debris) but does not establish protected zones or special-interest areas. At international level, the non-appropriation principle in Article II of the Outer Space Treaty constrains any exclusive use of areas of outer space, and Switzerland is not a party to the Moon Agreement.
There are no Swiss governmental or legislative initiatives specifically addressing critical space minerals, such as helium-3, or the extraction and ownership of space resources more generally. Switzerland has not enacted a space-resources statute comparable to those adopted in certain other jurisdictions, and the draft Federal Act on Space Operations does not regulate space mining. Any such activity would remain subject to the general principles of international space law, including the non-appropriation principle, together with the safety-zone and due-regard concepts reflected in the Artemis Accords, of which Switzerland is a signatory.
Please see 3.1 General Rules on Space Activities.
On the business side, one of the Swiss start-up companies, ClearSpace SA, 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 Operations, 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 (Article 12 of the draft Federal Act on Space Operations). Additionally, risk assessments for space activities must specifically evaluate the risk of creating space debris, among other hazards.
While the draft Federal Act on Space Operations allows for certain exemptions from the authorisation regime based on a demonstrated low-risk profile, thorough risk analysis is still required, including consideration of debris-related risks (Article 10 of the draft Federal Act on Space Operations). Furthermore, the draft Federal Act on Space Operations 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 (Article 49 of the draft Federal Act on Space Operations).
Overall, although there is no national plan solely targeting orbital debris, the draft Federal Act on Space Operations 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 see 6.1 Tax System for Space Activities.
Please see 6.1 Tax System for Space Activities.
Switzerland has no tax regime specific to the sale or transfer of space objects; the general rules apply, and the treatment depends on how a transaction is structured. For companies, capital gains on business assets, including space objects, are generally treated as ordinary taxable profit. For individuals holding assets privately, capital gains on movable private assets are, in principle, exempt from income tax, subject to the rules on professional securities dealing. Transactions may be structured as asset deals or as share deals. The applicable treatment should be assessed on a case-by-case basis.
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. Beyond Gravity, 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 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. At the ESA Council at Ministerial level held in Bremen on 26 and 27 November 2025 (CM25), member states also subscribed record contributions of about EUR22.1 billion. Switzerland committed EUR771 million, remaining ESA’s seventh-largest contributor, with priorities including the HummingSat mini-telecommunications programme, the Ramses asteroid mission, navigation and quantum technology, exploration and scientific instruments, as well as a contribution to the new “European Resilience from Space” initiative, implemented, in particular, through the Swiss-initiated ALPSTAR project.
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:
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 Federal Act on Space Operations, the draft for which was transmitted to Parliament in February 2026, should strengthen the position of Switzerland as an attractive business location for space activities.
Switzerland is following international trends regarding foreign investment and Parliament adopted the Investment Control Act (Investitionsprüfgesetz, IPG) on 19 December 2025, with entry into force currently foreseen for 2027. Under the 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:
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 Operations.
Key aspects may include the following.
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 Operations, NewSpace companies may also need to consider regulatory and data-related obligations in future.
Key considerations under the draft Federal Act on Space Operations include the following.
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 Operations 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.
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Switzerland’s Growing Role in the European Space Sector
Switzerland’s space sector is undergoing a structural transformation. Historically recognised for its scientific contributions to European space endeavours as a founding member of the European Space Agency (ESA), Switzerland is now transitioning into an operational spacefaring nation. Domestically developed technologies are moving from laboratory to orbit and private capital is flowing into the sector on an unprecedented scale.
The Swiss space sector comprises approximately 250 actors across the country, and that number continues to grow. At the November 2025 ESA Ministerial meeting, ESA member states adopted new programmes worth EUR22.3 billion in aggregate. Switzerland committed EUR771 million, a record national contribution reflecting the strategic priority now accorded to the sector.
The past year (2025−26) has been shaped by three converging dynamics. First, Swiss companies are transitioning from R&D into full-scale production and operational missions. Second, institutional and private capital support is growing. Third, geopolitical uncertainty is acting as an accelerant: concerns over digital sovereignty and the security of space infrastructure are sharpening demand for sovereign capabilities that Swiss industry is positioned to supply.
This article examines these dynamics through three lenses:
Key developments in the Swiss space industry
In the past 12 months, several companies active in the Swiss NewSpace field have announced financing rounds, substantial investments, key milestones and ambitious plans.
A leading example is SWISSto12, a Swiss company specialising in the development and manufacture of satellite systems and radio-frequency products. The company closed the largest financing round in Swiss NewSpace to date: more than EUR100 million in aggregate, comprising both private investment and EUR73 million in ESA institutional funding backed by six ESA member states. The proceeds are being used to accelerate industrial production of Swissto12’s HummingSat small geostationary satellite platform.
In March 2026, SWISSto12 opened Switzerland’s first end-to-end domestic geostationary earth orbit (GEO) satellite production facility, with five confirmed customer satellites expected to launch in 2027 and 2028. The explicit commercial driver is growing demand for sovereign satellite infrastructure among governments unwilling to depend on foreign-controlled communications systems.
National security and sovereign ownership
In June 2025, the Swiss Parliament adopted a motion instructing the Swiss Federal Council to retain control of Beyond Gravity, thereby abandoning the previously planned privatisation of Switzerland’s largest space hardware company and major system supplier in various ESA missions. The Federal Council subsequently transferred oversight of the company to the Federal Department of Defence, Civil Protection and Sport (DDPS), formalising what the parliamentary debate had already made explicit: space infrastructure is a matter of national security.
On 24 June 2026, the Federal Council adopted new strategic objectives for the 2026–29 period, positioning Beyond Gravity as a globally active Swiss space company aligned with broad security policy interests and designating it as the DDPS’s primary space technology partner, with a mandate to support resilient access to space for Switzerland. There is currently no explicit legal basis for the Swiss Confederation’s stake in the company; a draft bill is under preparation with the aim of bringing the legal framework into force in the course of 2028. The decision mirrors a broader European pattern whereby space assets are increasingly treated as critical national infrastructure, visible in Germany’s defence-space convergence and in the resilience pillar of the Draft EU Space Act, among others.
Space situational awareness infrastructure
The Swiss Federal Department of Economic Affairs, Education and Research is investing in the TESSA (Technologies to Enhance Space Situational Awareness) project. The project will equip the Zimmerwald Observatory near Bern with an adaptive optics system capable of delivering high-resolution images of objects in near-Earth orbit, enabling precise determination of their orientation, position, and structural condition. The ability to detect and characterise debris and other orbital objects with greater precision is a prerequisite for any removal mission. TESSA thus strengthens Switzerland’s broader space situational awareness infrastructure independently of any single mission or operator.
New entrants
PAVE Space, a Swiss Federal Technology Institute of Lausanne (École Polytechnique Fédérale de Lausanne, or EPFL)-rooted start-up, raised USD40 million in seed funding in March 2026; this is one of the largest seed rounds in the global space sector this year. The funding will support the development of orbital transfer vehicles – ie, spacecraft designed to transport and reposition satellites between different orbits (including from low Earth orbit (LEO) to GEO), as well as lunar trajectories, in under 24 hours. The technology is attracting growing interest from both commercial operators and defence and institutional customers requiring rapid, flexible orbital mobility, with dual-use applications forming a core element of the company’s product roadmap. PAVE Space’s emergence underlines the depth of Switzerland’s engineering talent pipeline and illustrates how urgently the incoming Swiss regulatory framework will need to enter into force.
Draft Swiss SOA
The pace of this industrial scale-up has, however, outrun the existing regulatory framework. Switzerland does not yet have a dedicated national statutory framework governing the authorisation, supervision and liability of space operations. This gap generates legal uncertainty and practical difficulties for Swiss operators co-operating with foreign authorities and partners, and risks becoming a competitive disadvantage as peer jurisdictions advance their own legislative agendas.
This gap is now being addressed. In parallel with initiatives in the EU, where the Draft EU Space Act remains under negotiation, the Swiss Federal Council has submitted to Parliament the Draft Swiss SOA, following a broadly positive consultation process. The Swiss Federal Assembly may amend its content and will decide whether to adopt it. If adopted, the Draft Swiss SOA would be subject to an optional referendum and could be submitted to a popular vote.
The Draft Swiss SOA establishes Switzerland’s first national legal framework governing “space operations”. It deliberately excludes other important matters such as export controls, sanctions, telecommunications, and the use of the radio-frequency spectrum, which remain governed by existing sectoral legislation.
The Draft Swiss SOA applies to space operations (ie, the technical launch, positioning, control and monitoring of space objects) carried out in either of two situations. The first covers operations on Swiss territory or on vessels, floating platforms or aircraft registered in Switzerland, including where the operator is domiciled or has its registered office or place of business abroad. The second covers operations outside Swiss territory, where the operator is domiciled or has its registered office or place of business in Switzerland.
The overarching policy objective of the Draft Swiss SOA is to enhance Switzerland’s competitiveness in the space sector by establishing a clear and predictable regulatory environment, while concurrently promoting long-term sustainability of space operations, mitigating environmental risks, and preserving open and peaceful access to outer space. The Draft Swiss SOA has also been conceived with a view to alignment with the Draft EU Space Act, particularly with regard to authorisation and oversight mechanisms, so as to facilitate a future equivalence determination by the EC.
A defining feature of the Draft Swiss SOA is the explicit move to embed long-term sustainability and environmental risk governance into Swiss space regulation – notably, through authorisation criteria aimed at limiting impacts on the terrestrial and space environments and avoiding the creation of space debris. This reflects the broader international drive towards enforceable sustainability standards, as well as systematic space traffic monitoring and co-ordination.
The Draft Swiss SOA is largely limited to implementing the UN treaties ratified by Switzerland. It is structured around four core pillars:
Space operations licence
The Draft Swiss SOA sets out that space operators falling within the aforementioned scope of application must obtain a licence from the Swiss supervisory authority to carry out space operations.
Authorisation is contingent upon satisfaction of a range of substantive requirements. These encompass, inter alia:
The supervisory authority retains discretion to attach proportionate conditions and charges. A simplified regime is envisaged for space operations presenting a lower-risk profile.
These requirements were designed to facilitate consistency with the Draft EU Space Act. In addition, if the Draft EU Space Act is adopted and establishes more detailed or more stringent obligations (including in areas such as technology or sustainability), such obligations may thereafter be incorporated through secondary legislation at ordinance level.
Cross-border operations and the operations/activities distinction
The Draft Swiss SOA further establishes a dedicated framework governing cross-border space operations and the transfer of operational responsibility or licences between operators.
A key conceptual distinction underpinning the Draft Swiss SOA is that between “space operations”, as outlined previously, and “space activities” − the latter referring to undertakings carried out in outer space or on a celestial body that rely on a space operation.
Importantly, the Draft Swiss SOA does not subject space activities per se to any licensing obligation. As a consequence, payload-related undertakings − including scientific research, data acquisition, Earth observation, and the provision of telecommunications services − fall outside the authorisation perimeter of the Draft Swiss SOA, without prejudice to any separate authorisations that may be required under other applicable laws and regulations.
Supervision of space operations
Under the Draft Swiss SOA, a Swiss supervisory authority for space operations is to be designated by the Swiss Federal Council. The Draft Swiss SOA deliberately leaves institutional structuring to ordinance level in order to preserve flexibility.
The mandate of the Swiss supervisory authority encompasses, inter alia:
Non-compliance may result in licence withdrawal. The supervisory authority may also impose corrective measures and activate contingency plans as circumstances may require.
Liability regime for damages caused by space objects
Whereas the Draft EU Space Act does not address liability rules, the Draft Swiss SOA establishes a dedicated domestic liability framework designed to give effect to Switzerland’s obligations and exposure under the applicable UN treaties governing international liability for space activities.
The regime establishes, with certain caps to be set out by the Swiss Federal Council:
Furthermore, the Draft Swiss SOA provides that − where Switzerland is called upon to pay compensation under the Convention on International Liability for Damage Caused by Space Objects of 29 March 1972 (the “Liability Convention”) − Switzerland shall be entitled to seek recourse against the responsible operator. The Draft Swiss SOA also establishes a procedural mechanism enabling the initiation of international claims proceedings under the Liability Convention for the purpose of obtaining redress for damage attributable to a foreign operator.
Register of space objects
The Draft Swiss SOA provides for the creation of a national register in which space objects licensed under Swiss law are to be recorded, subject to the provisions of applicable international agreements.
Subject to such agreements, the Draft Swiss SOA enshrines a flag-state principle, drawing an analogy with maritime law (under which, a vessel is subject to the laws of the state whose flag it flies). Under this principle, Swiss law governs space objects that are registered (or are intended to be registered) in the Swiss national register. This has implications − in particular, for the licensing or authorisation regime and for the rules that must be complied with in order to carry out activities on the space object.
Outlook for the Draft Swiss SOA
Switzerland has consistently demonstrated its commitment to space as a scientific, industrial and strategic priority. The Draft Swiss SOA represents a pivotal step in translating that commitment into a coherent and comprehensive national legal framework.
Switzerland’s space law framework is expected to continue evolving as the Draft Swiss SOA progresses through the parliamentary process and as the broader international and European regulatory landscape further develops. The ultimate objective is to preserve and strengthen Switzerland’s attractiveness as a leading space hub − particularly for satellite manufacturers and operators − while ensuring the long-term sustainability, security, and responsible conduct of space operations.
Bilaterals III package and the strategic dimension of Swiss space policy
Switzerland’s domestic space framework does not operate in isolation. On 2 March 2026, Switzerland and the EU signed the Bilaterals III package in Brussels. This comprehensive realignment comprises 20 agreements, protocols and joint declarations updating and replacing the patchwork of bilateral treaties that has governed the Swiss−EU relationship since the 1990s.
Among the Bilateral III package’s less prominent but strategically significant components is a dedicated agreement on Switzerland’s participation in the European Union Agency for the Space Programme (the “EUSPA”), which is responsible for operating and commercialising Europe’s satellite navigation infrastructure, principally the Galileo system and European Geostationary Navigation Overlay Service (EGNOS) system. The Bilaterals III package was submitted to Parliament by the Swiss Federal Council on 13 March 2026 and parliamentary debate is ongoing. A public referendum is expected between 2027 and 2028, and the agreements are anticipated to enter into force by the end of 2028 if ratification proceeds on schedule. The developments described in this section are accordingly not yet in force.
Galileo and EGNOS: the core of the collaborative framework
Galileo is the EU’s independent satellite navigation constellation, developed to ensure that Europe is not dependent on the Global Positioning System (GPS), a US military asset whose civilian availability cannot be guaranteed in all circumstances. With more than 30 active satellites and ground control centres in Italy and Germany, Galileo is the world’s most precise Global Navigation Satellite System (GNSS) programme, with its High Accuracy Service delivering horizontal accuracy down to 20 cm and vertical accuracy of 40 cm. It also provides dedicated encrypted services for government and emergency operations. For Switzerland, long-term access is of direct operational significance across the following domains:
EGNOS complements Galileo by acting as an augmentation layer over GPS, monitoring signal quality through a continental ground station network and broadcasting real-time corrections. Most significantly, EGNOS enables precision aircraft landing approaches equivalent to a Category I Instrument Landing System (ILS) without the substantial ground infrastructure a conventional ILS demands.
This is of direct operational relevance in Switzerland, where many smaller and Alpine airports cannot practically host ILS equipment. EGNOS-based approaches make precision instrument landings possible at such airports, improving safety and resilience in adverse weather. For helicopter operations (including mountain rescue), EGNOS-guided routes provide navigational accuracy in environments where ground-based aids are absent, while reducing diversions, fuel consumption, and emissions.
The EUSPA agreement: bridging the gap
Switzerland has held a basic co-operation agreement with the EU on satellite navigation since 2014. That agreement acknowledged Switzerland’s interest in Galileo and EGNOS but deferred the modalities of active EUSPA participation to a future addendum, which was never concluded. The addendum fell victim to the broader impasse in Swiss−EU bilateral relations that followed the February 2014 immigration referendum − a period during which no new implementing instruments could be advanced. The Bilaterals III package delivers that addendum, more than a decade later.
The EUSPA agreement introduces three main changes. First, it grants Swiss companies direct access to EUSPA procurement processes for Galileo- and EGNOS-related contracts, resolving the legal uncertainty that had prevented Swiss firms from competing on a stable, long-term basis. Second, the EUSPA agreement establishes conditions under which Swiss nationals may be engaged by EUSPA. Third, the EUSPA agreement grants a Swiss representative a seat, as a non-voting observer, on EUSPA’s Administrative Board and on its Security Accreditation Board for matters directly involving Switzerland.
Presence in those governance structures provides advance visibility into the agency’s strategic direction, procurement cycles and evolving technical standards − valuable for Swiss industry planning and for federal agencies responsible for transport, aviation and emergency services. Participation in the Security Accreditation Board is of particular significance as cybersecurity governance of satellite navigation infrastructure becomes a cross-jurisdictional priority.
The agreement also contains an extension clause: beyond Galileo and EGNOS, Switzerland may participate in other components of the EU Space Programme, including Copernicus (Earth observation) or GOVSATCOM (governmental satellite communications), provided they are incorporated into the wider EU Programmes Agreement. The practical limits of this pathway were illustrated in June 2026, when the Federal Council decided not to participate in Copernicus for the 2028–34 funding cycle, citing budgetary constraints despite a government-commissioned study recommending participation. The space chapter of the Bilaterals III package is therefore not a ceiling but, rather, a structured entry point into a broader architecture − the full realisation of which remains contingent on political and financial conditions.
Concluding remarks
Switzerland’s space sector has entered a phase of rapid industrial development, marked by domestic satellite production capabilities, record capital inflows, the emergence of high-technology ventures, and the formal recognition of space assets as national security interests.
The Draft Swiss SOA and the EUSPA agreement under the Bilaterals III package form the two complementary pillars of the legal framework being put in place to accompany this trajectory. The Draft Swiss SOA establishes the domestic authorisation, supervision and liability regime that Swiss operators require. The EUSPA agreement, in turn, secures institutional access to European satellite navigation infrastructure and procurement.
Key questions remain open as both instruments advance − namely:
How these questions are resolved will impact how Switzerland consolidates its position as a leading European space hub.
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