The Criminalization of Swiss Commercial Law – Administrative Sanctions vs. Administrative Penalties: A Comparison Using the Examples of Data Protection Law and Competition Law
From the perspective of actors in a liberal market economy, it is essential to know which rules apply to them and what sanctions they face if they violate those rules. In this regard, both legal scholars and the legal practice in Switzerland and Germany have for some time been criticising an increasing “criminalisation” of economic law – that is, the tendency of legislators to enforce rules of economic law through the threat of criminal sanctions in the event of their violation.
This article compares the models of administrative sanctions and administrative criminal penalties using two practical examples – administrative sanctions in competition law and the new criminal provisions in Swiss data protection law (DSG) – with particular emphasis on their significance for the digital economy.