Cantonal open data in Switzerland
Posted by SimonPoole on 13 May 2026 in English. Last updated on 15 May 2026.[This is a work in progress, IANAL and this isn’t legal advice]
Lots of data is Switzerland is produced by the cantonal GIS offices (while it might seem to originate from swisstopo it often doesn’t), for example the hiking path/trail data is all cantonal and we can only utilise such data, even when using the data distributed by swisstopo, if the cantonal terms are compatible with our license.
In the following I’m using open in a hand wavy, “close enough” fashion here, and not applying the strict definition as per the open defintion. Class A refers to the federal ordinance definition for generally accessible geo data1.
To set the scene: Switzerland does not have sui generis database rights regulation or anything similar, nor does it adhere to a sweat of the brow copyright doctrine. Between non-government entities any (minimal) protection available is based on contract and fair competition law. The big exception is geo data where the federal government has written in to law rights that are essentially a “data copyright light” and many of the cantons have followed suit.2 There is no relevant case law that I know of and how any of this would work out in an actual dispute is, well, open.


