In her column “Droit dans l’Art”, published in Bilan magazine, Anne Laure Bandle, our lawyer specialised in Art Law, sheds light on legal issues relating to the world of art and culture. She presents an insider’s view of the field, examining both current events and underlying challenges through the realities and interactions of its key players – from collectors and art dealers to cultural institutions, artists and other stakeholders in the sector.
April 2026 – “Biens culturels : la Suisse resserre la vis aux frontières”
Anne Laure Bandle reviews the new provisions that came into force at the beginning of the year concerning the transfer, import and export of cultural goods in Switzerland. These were introduced through an amendment to an ordinance rather than a law, which would have required a consultation process.
Key changes include:
• Art market professionals must strengthen their due diligence obligations, in particular by obtaining a written declaration from the owner and, where applicable, from the consignor confirming their right to dispose of the cultural property.
• Furthermore, they must inform their clients in writing about applicable import and export regulations.
• Finally, in any customs declaration, the dating of the goods, their dimensions, and their status under the CPTA must be specified.
January 2026 – “Aux enchères, les garanties sous pression”
With the current downturn in the art market (-12% in 2024), collectors are facing lower liquidity and are being forced to rethink their investment strategies.
November 2025 – “La Suisse, dernier paradis du marché de l’art ?”
Anne Laure Bandle examines the impact of the new taxes and regulations on the art market, introduced notably by the European Union and the United States.
In light of these changes, she examines how Switzerland succeeds in maintaining its pivotal role for collectors and art market participants, despite an evolving global landscape.
July 2025 – “L’Art d’abuser la confiance”
Recent fraud judgments against art dealers and brokers show that trust and reputation alone do not protect collectors.
It is therefore imperative to systematically carry out the necessary due diligence to reduce the risk of abuse of power by the dealer and to prevent them from using the collector’s assets in an uncontrolled manner.
Avril 2025 – “Œuvres créées par l’IA : engouement et incertitude juridique”
Anne Laure Bandle reflects on Christie’s inaugural auction dedicated to works created by artificial intelligence, held in early March. This controversial event has reignited the debate over the artistic legitimacy of artificial intelligence and the ethical issues surrounding copyright-protected data.
