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The UK–Swiss Trade Agreement: Greater Market Access or Greater Certainty?

UK-Swiss Free Trade Agreement

On 13 July 2026, the UK and Switzerland announced the conclusion of negotiations on an enhanced Free Trade Agreement (FTA), marking a significant development in a commercial relationship that is already one of the UK’s most important outside the European Union.

The Agreement has been presented as a major opportunity for businesses operating between the two countries, particularly in professional services, financial services, technology and investment. However, its commercial significance is more nuanced than the announcement might initially suggest.

UK businesses already provide services to Swiss clients, establish operations in Switzerland and invest in Swiss companies. Swiss businesses do the same in the UK. The question for companies considering expansion is therefore not simply whether the agreement creates new opportunities, but whether it materially improves the conditions in which those businesses can operate.

For many, the greatest benefit may be the certainty that existing opportunities cannot easily be restricted in the future.  The exact details of the FTA will only become apparent as the Agreement becomes formalised into legislative text over the next 18 months.

A modern agreement for a trading relationship that already exists

The existing UK–Swiss trade framework is largely focused on goods, drawing on arrangements dating back to the 1972 agreement between Switzerland and the European Economic Community. The new agreement will extend these commitments to services and investment, addressing regulatory barriers that can increase the cost of operating across borders.

For UK businesses, the proposed protections include preventing Switzerland from requiring service providers in specified sectors to establish a local office in order to serve Swiss customers remotely. This method of remote working is not new, but the ETA will give the assurance that these provisions will not be reneged or changed.  A similar provision will also prevent Switzerland from subsequently removing market access for UK businesses in financial auditing and patent attorney services. These provisions should allow UK businesses to make longer-term investment decisions in Switzerland with greater confidence.

The agreement also seeks to prevent certain restrictions on how UK businesses operate their Swiss subsidiaries, including requirements to employ a fixed proportion of Swiss nationals. These commitments are particularly relevant to smaller businesses for which the cost of establishing and maintaining a local presence can be a significant barrier to expansion.

Business mobility and digital trade: the practical changes

Business mobility is one area where the agreement could make a tangible difference. The existing Services Mobility Agreement allows qualifying UK professionals to provide services in Switzerland for up to 90 days per calendar year through a notification process, without requiring a work permit. However, that agreement is due to expire at the end of 2029. Incorporating these arrangements into the enhanced FTA would preserve this access beyond the current expiry date, providing greater continuity for businesses that regularly send staff to work with Swiss clients.

The agreement would also introduce arrangements for certain longer assignments, including qualifying contracted service suppliers and independent professionals working on projects lasting up to 12 months, alongside provisions for employees transferring within the same corporate group and graduate trainees. For businesses in sectors such as engineering, consultancy and professional services, these arrangements could make it easier to deliver longer projects without relying on a succession of short-term visits. Access would remain subject to the relevant eligibility requirements rather than amounting to unrestricted freedom to work in Switzerland.

Digital trade is another area of development. The agreement includes commitments intended to prevent unjustified requirements for businesses to store data on local servers or disclose proprietary source code, algorithms or cryptographic information as a condition of operating in the other country. These protections are particularly relevant to technology companies and businesses operating shared digital infrastructure across borders, which could otherwise face the cost of duplicating systems or exposing commercially sensitive technology. Existing data protection and sector-specific regulatory obligations would continue to apply.

The enhanced FTA seeks to protect the ability of UK lawyers to advise on English and international law in Switzerland without requalifying or registering locally. This is already permitted in practice, so the material benefit appears to be safeguarding existing rights against future restrictions. Similarly, the Berne Financial Services Agreement already facilitates certain cross-border financial services through mutual recognition of regulatory standards. The new FTA would complement this by protecting firms’ ability to maintain back-office functions across borders, transfer financial data and, in the case of cross-border reinsurers, avoid requirements to hold collateral locally. While these provisions do not fundamentally change existing market access, they could provide meaningful operational benefits, particularly by limiting additional costs and capital requirements.

What businesses should take from the agreement

The enhanced FTA has not yet been signed or brought into force. Following the conclusion of negotiations, the treaty text must be finalised and subjected to necessary domestic scrutiny and then ratification procedures in both countries.  This is likely to take at least another 18 months. 

Even once the agreement takes effect, it will not remove the need for both UK and Swiss companies and individuals to take advice on the optimal legal and commercial structure for cross-border operations.

Jonathan Gross

Partner

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