Summary

On 19 June 2026, the Federal Council opened a consultation on the partial revision of the Ordinance on the Swiss National Library. The revision implements the "Dépôt légal numérique" (DLN), a legal deposit right for digital publications that Parliament had decided on in June 2025. The National Library thereby gains the right to demand and archive electronic publications with Swiss relevance from publishers. The consultation runs until 12 October 2026.

Persons

  • Federal Council (collective body; decision-maker)

Topics

  • Digital cultural heritage
  • National library
  • Legal regulation
  • Archiving

Clarus Lead

Switzerland is closing a regulatory gap at federal level: while the legal deposit right has long been extended to digital content internationally, Switzerland has lacked a corresponding legal basis so far. The DLN model balances two central interests – securing cultural heritage and protecting the commercial rights of publishers and cultural creators through access restrictions and flat-rate compensation.

Detailed Summary

The ordinance revision specifies the collection mandate of the National Library and the National Sound Archives for digitally available content. The DLN enables the institution to systematically capture and secure long-term online-available electronic publications with reference to Switzerland (so-called "Helvetica") – a necessity arising from the ongoing digitalization of the publishing sector.

The ordinance stipulates the conditions under which archived content is made accessible to the public. Strict protective measures and targeted access restrictions are used to preserve the commercial interests of rights holders. Regular security reviews are to ensure a high level of information security. Additionally, an annual flat-rate compensation to cultural creators and the data protection legal bases for processing personal data in the ordinance are now specified.

Key Statements

  • Switzerland introduces legal deposit right for digital publications – an internationally widespread practice
  • National Library gains access to electronic works with Swiss relevance for long-term preservation
  • Rights protection for publishers and cultural creators through access restrictions and flat-rate compensation

Critical Questions

  1. Source Validity: Which international DLN models served as reference for the Swiss design, and how was their effectiveness in securing cultural heritage evaluated?

  2. Conflicts of Interest: How was the balance between library collection mandate and publisher interests specifically weighted in the ordinance – which stakeholders were involved in concept development?

  3. Feasibility: What technical and organizational capacities does the National Library require to implement the DLN, and are these resources budgeted?

  4. Protection Effectiveness: How effective are the planned access restrictions against unauthorized sharing of digital content, and what sanctions are provided for violations?

  5. Compensation System: According to what criteria is the "annual flat-rate compensation" for cultural creators calculated, and how is its appropriateness reviewed?

  6. Data Protection: What specific personal data are collected during archiving, and how long are they stored?

Sources

Primary Source: Federal Council – Consultation on the Partial Revision of the Ordinance on the Swiss National Library – https://www.news.admin.ch/de/newnsb/UYuWLyBe3ovA9R-KDFKQA

Verification Status: ✓ 19.06.2026

This text was created with the support of an AI model. Editorial Responsibility: clarus.news | Fact-Check: 19.06.2026