Strategic interactions and conflicts

Some time ago, we posted an expert article about compliance and game theory. Several readers may have wondered what compliance has to do with gaming. Game theory belongs to the realm of mathematics and economics. The term is a misnomer because modern game theory does not focus on board games and the like. “Strategic interaction theory” or “strategic conflict theory” would be more accurate descriptions.

It is also quite a bit better to think about the topic of compliance in terms of strategic interactions. During the onboarding process, for example, a financial intermediary and client pursue their own strategic goals, which differ fundamentally from each other, however. The FI wants to land a new client without getting bogged down in compliance problems; the client wants to make use of the services provided by the FI. So, there is no winner in this “game” – the other is automatically the loser. The interactions are successful when both “players” are able to pursue their strategic goals. The behavior of the FI is highly contingent upon what the client does. These are all typical phenomena analyzed in modern game theory.

 

Data Protection Act

The Swiss Data Protection Act underwent a complete revision in 2020, and its new version took effect on September 1, 2023, along with the new Data Protection Ordinance (DPO). The revision itself is complete, but its practical application continues to evolve. The topic of AI is particularly relevant: On May 8, 2025, the FDPIC confirmed that the DPA is technology-neutral and applies directly to all AI applications. In practice, this means, among other things, that users must know whether they are interacting with AI (transparency requirement, Art. 19), and that a data protection impact assessment is mandatory in cases of high risk—such as profiling or facial recognition (Art. 22). The Federal Office of Justice (FOJ) is drafting a consultation document on AI regulation to be completed by the end of 2026. With this, Switzerland will implement the Council of Europe's AI Convention.

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