THE REGULATION OF ESPORTS IN SWITZERLAND
Esports — short for “electronic sports” — refers to the organised, competitive playing of video games in which individuals or teams compete against each other under structured rules and formats. Competitions range from amateur online leagues to professional tournaments staged in arenas and streamed to global audiences, with significant prize money, sponsorship, and media coverage.
Unlike casual gaming, Esports involve training, strategic teamwork, coaching structures, and professional management, resembling traditional sports in their competitive organisation, whilst remaining rooted in digital entertainment and proprietary game environments.
Esports have experienced rapid global growth, and, in 2026, they are projected to be worth around US$5.1 billion (around Sw. Frs. 3.98 billion), due to increased sponsorship, media rights, and the rapid growth of mobile gaming. In Switzerland, Esports are also increasingly popular and are also expected to become a US$ billion industry in 2026.
However, their legal status remains evolutionary and complex. Unlike traditional sports, Esports are not formally recognised as an official sport by the Swiss Federal Office for Sport (FOSPO/BASPO). They are governed, instead, by a combination of general legal standards and sector-specific regulations.
FOSPO takes the view that Esports may conflict with the objective of the Swiss Sports Promotion Act (Sportförderungsgesetz), Article 1 of which aims to promote physical sporting activity. This position reflects the ongoing debate as to whether Esports should be treated as sport, entertainment, or digital competition.
This lack of legal recognition also means that Esports are not integrated into traditional sports governance structures in Switzerland, including Swiss Olympic and its federation-based system. Consequently, esports organisations do not benefit from state sports funding mechanisms, nor are they subject to the disciplinary and regulatory frameworks, which are typically applicable to organised sports generally.
Similarly, the Intercantonal Gambling Supervision Authority (GESPA) has stated that neither a general definition of Esports, nor a comprehensive qualification under the Swiss Federal Act on Gambling, may be provided. Depending upon the circumstances, Esports may evidence characteristics of gaming, sport, and gambling.
There are some key regulatory considerations.
Youth protection represents a central regulatory focus. Age classification systems such as PEGI (Pan-European Game Information) and USK (Unterhaltungssoftware Selbstkontrolle) are widely used. These systems rate video games according to their suitability for different age groups by evaluating content, such as violence, sexual material, language, gambling elements, fear, and in-game purchases.
In the Esports context, these ratings help to determine whether minors may participate in or attend tournaments, and whether organisers must restrict access to certain games or display contents warnings.
Recent youth protection rules require organisers to verify participants’ ages, display age ratings, and restrict access to violent or otherwise age-inappropriate contents. Minors, that is, persons under the age of 18, may participate in tournaments if they meet the applicable age ratings or have their parents’ consent.
As mentioned, Esports are not recognised as official sports under the Swiss Sports Promotion Act. They are considered a unique blend of gaming, entertainment, and sport. Unlike traditional sports, Esports competitions are not governed by autonomous Sports Federations, which exercise regulatory authority. Instead, competitive structures often depend upon private stakeholders and contractual frameworks.
A defining structural feature of Esports lies in the central role played by game publishers. Unlike traditional sports — which are not owned by a single commercial entity — Esports competitions are built upon proprietary software protected by intellectual property law. Publishers retain exclusive rights over the game environment, competition formats, and commercial exploitation. They may license tournaments, restrict event organisers, define eligibility criteria, or modify game mechanics unilaterally.
Such a publisher-driven governance model significantly limits sporting autonomy and distinguishes Esports fundamentally from the classical associations-based sports model. It also creates a highly centralised regulatory ecosystem in which contractual power often resides in the intellectual property holder rather than in an independent sports authority.
Where Esports competitions involve betting or wagering, organisers and operators must comply with the Swiss Federal Act on Gambling (AMG). Online gambling services are limited to Swiss-licensed providers, and foreign platforms may be subject to geo-blocking.
As regards data protection and compliance, Esports teams, tournament organisers, and platforms must comply with the Swiss Federal Act on Data Protection (FADP). In addition, financial flows connected to prize money and sponsorship may trigger anti-money laundering (AML) legal obligations.
As regards self-regulation and industry standards, the Swiss Esports Federation (SESF), which was established in 2008, promotes professionalism, integrity, and ethical standards through industry guidelines and best practices. However, unlike traditional sports federations, SESF operates without overarching regulatory authority, which means that compliance remains largely of a voluntary and contract-based nature.
As regards the status of players and contractual structures, as Esports continue to professionalise, employment law issues are becoming increasingly relevant. The legal qualification of Esports players remains fact-specific and may vary between employees’ status and independent contractors’ status.
Where players are subject to structured training schedules, performance obligations, team hierarchies, and managerial supervision, the criteria for employment under Swiss law may be fulfilled. This has significant implications for salary protection, termination rights, working time regulations, and social security contributions (AHV/IV/EO, accident insurance, and occupational pension schemes).
In practice, contractual structures in Esports do not yet reflect the level of regulatory protection found in traditional professional sports. Standardised transfer systems, training compensation mechanisms, and contractual stability frameworks remain underdeveloped. This regulatory gap may expose young or internationally mobile players to legal uncertainty and lack of legal protection.
As regards dispute resolution and jurisdiction issues, Esports operate in an international environment and, therefore, players, teams, organisers, and publishers frequently operate across borders, whilst tournaments are streamed globally.
As such, this creates complex legal questions regarding applicable law and jurisdiction, international employment and tax obligations, cross-border social security coordination, and the enforcement of contractual arbitration clauses. Unlike traditional sports, which often benefit from harmonised international federation structures and recognised dispute resolution mechanisms, such as the Court of Arbitration for Sport (CAS), Esports remain fragmented.
Esports lack a unified dispute resolution system comparable to CAS. Disputes are typically resolved through civil courts, contractual arbitration clauses, or publisher-administered procedures, depending upon the applicable rules and agreements.
As regards the practical implications for organisers of Esports events — particularly offline, public, or prize-money tournaments — they must ensure compliance with both Federal and Cantonal requirements. In particular, special attention must be paid to youth protection rules, licensing obligations, and financial regulations.
From a systemic perspective, Esports represent a hybrid regulatory phenomenon situated at the intersection of sports law, intellectual property law, labour law, and commercial governance.
Their continued professionalisation is likely to intensify regulatory scrutiny and stimulate further doctrinal and legislative developments.
We act in all aspects of Esports in Switzerland, especially disputes, and further information may be obtained by emailing either Kim Gamboni or Dr Lucien Valloni at gamboni@valloni.ch and valloni@valloni.ch respectively.