Legal position · Switzerland

Agent mandates under Swiss law

Switzerland offers the agent mandate the clearest foundation in the DACH region: agency under Art. 32 ff. of the Code of Obligations is technology-neutral, revocation is possible at any time (Art. 34 CO), and with the state trust infrastructure (expected to go live in H1 2027; the E-ID itself has had no fixed date since 30 June 2026) the identity root gains state rank — on the same technical stack the Open Mandate Protocol uses.

Legal foundations

Agency (CO Art. 32 ff.)

Whoever acts in another's name with authority binds the person represented directly (Art. 32 para. 1 CO). The provision asks about authorisation and the recognisability of the agency relationship — the mandate supplies both by machine: the scope as checked constraints, recognisability as a signed presentation.

Revocation (Art. 34 CO)

Authority can be restricted or revoked at any time; waiving this right in advance is invalid. The kill switch is therefore not a product feature but the execution of the law — with immediate effect instead of letter latency.

Commercial agency (Art. 462 CO)

For commercial dealings the law presumes a scope customary in the trade. Mandate templates adopt this logic: default limits per type of business, which principals deliberately narrow or widen.

Protection of good faith (Art. 33 ff. CO)

Whoever checks the authority is protected; whoever trusts blindly bears risk. The verification receipt documents exactly this check — the verifier's diligence becomes documentary evidence.

Evidence in a dispute

The Swiss Civil Procedure Code provides for the free assessment of evidence (Art. 157 CPC): electronic evidence convinces through integrity, not form. A hash-chained, append-only evidence chain — with daily root anchoring through a qualified timestamp service (ZertES/eIDAS) prepared and active once that service is connected — gives the court what it can assess: completeness, immutability, attributability.

Identity root

The state E-ID (swiyu) is to supply the identity root — did:tdw/webvh, OID4VCI/VP, SD-JWT; the trust infrastructure is expected to go live in the first half of 2027, while on 30 June 2026 the Federal Office of Justice left the date for the E-ID itself open. Mandact builds on the same formats (SD-JWT VC, did:key/did:web). Companies do not receive their own E-ID; their anchor remains the UID and the commercial register, as the mandate schema reflects (ident_anchor: org_uid).

Switzerland is building its state trust infrastructure in parallel with the EU's EUDI rollout and on the same open formats — whoever shows E-ID-anchored mandates in production here delivers the reference architecture for both worlds.

Legal position by action type (Switzerland)

Purchase goods Execute bank transfer Open account File suspicious activity report Override sanctions screening Submit tax return Disclose personal data Transfer data to a third country Execute erasure request Process withdrawal of consent Submit filing to authority File appeal Apply for permit Submit customs declaration Report to social insurance File with commercial register Submit procurement bid Grant authority inspection Trigger bulk send Publish ad hoc disclosure Enter into contract Waive a deadline Settle dispute Disclose patient data Issue prescription Hire employee Change salary Correct working time record Report occupational accident Issue employment reference Ship dangerous goods Trigger product recall Shed grid load Override safety system Bind insurance policy Deny insurance claim Cancel insurance policy Issue certificate Decide on enrolment Enter into property lease Apply for mortgage Initiate legal proceedings Grant power of attorney Terminate commercial lease Terminate residential lease Terminate employment Enter into apprenticeship contract Enter into surety Assign receivable Transfer registered shares Purchase real property Notify mass redundancy

Not legal advice. These pages explain the legal position in general terms; responsibility for the limits set lies with the person granting the mandate.