Are standards laws?
It is impossible to imagine today's globalized world without standards. As the global language of technology, they reduce trade barriers, facilitate the free movement of goods and thus promote exports. Standards improve product safety by defining quality and minimum requirements. But is their application also legally binding? Are standards laws?
The application of standards is voluntary. However, they become mandatory if compliance with them is prescribed by law or if the parties to the contract agree on them. If standards are stipulated in purchasing conditions, for example, companies are de facto compelled to apply them. Swiss supplier companies in particular are affected when exporting to EU countries if the client requires compliance with European standards.
Laws and standards: What's the difference?
Only laws or ordinances issued by an authority that has sovereign lawmaking powers under the Constitution have generally binding legal force. Standards, on the other hand, are issued by organizations under private law that do not have the power to legislate, which means that the standards fundamentally lack the character of legally binding force.
Legal certainty through standards
Although standards are not laws, they nevertheless contribute to legal certainty. Standards are regarded as clear and recognized rules of technology, and compliance with standards represents an important step in proving proper conduct. The actual purpose of standards is not to burden companies unnecessarily with specifications and to take legal action against them in the event of non-compliance, but to facilitate economic cooperation by standardizing types, sizes, methods, etc.
SNV - the national standards organization of Switzerland
In Switzerland, SNV is the recognized national standards organization. This is legitimized by the federal notification ordinance of June 17, 1996 and a contract with the State Secretariat for Economic Affairs (SECO). The SNV is a full member of the International Organization for Standardization (ISO) and the European Committee for Standardization (CEN). In this way, it ensures international cooperation in standardization.
Further information: www.snv.ch
