--- title: "Questions on law and liability for AI agents" url: https://knowyouragent.ch/en/knowledge/faq/legal lang: en updated: 2026-10-13 license: © Innopulse Consulting GmbH --- # Questions on law and liability for AI agents This page answers common legal questions about AI agents in brief. The answers are general information; you will find more depth in the linked articles. [Leutrim Miftaraj](https://knowyouragent.ch/en/about/leutrim-miftaraj), Founder, Innopulse Consulting GmbH Published 13 October 2026 ## What this is about As soon as AI agents order, pay or file applications, legal questions arise: to whom are their actions attributed, what applies to mistakes, and how can authority be proven? The articles [AI agent liability](https://knowyouragent.ch/en/knowledge/ai-agent-liability) and [Proving authority](https://knowyouragent.ch/en/knowledge/proving-agent-authority) cover this in more detail. ## Questions and answers ### Is the user liable for their AI agent? As a rule, an agent's declarations are attributed to whoever deploys it. Whether the user is bound in a given case depends on whether the action was within the limits granted and what the other side knew about them. ### Is a contract concluded by an AI agent valid? In principle, a contract can be concluded through an agent, because its declarations are attributed to whoever deploys it. Errors in processing may, under certain conditions, allow rescission for mistake. ### What applies if the agent exceeds its limits? Under the rules of agency, a transaction outside the authority generally binds only after ratification, for example under Article 38 of the Swiss Code of Obligations, Section 177 BGB or Section 1016 ABGB. How this applies to agents is not yet fully settled. ### Can a merchant refuse orders from agents? Yes. Merchants decide for themselves with whom they conclude contracts and can make orders from agents subject to conditions, such as verifiable proof of authority. ### Who has to prove an agent's authority? Usually whoever relies on it. German law says so explicitly for the agent: it is liable under Section 179 BGB unless it proves its authority. ### Does an agent mandate need a signature? Usually not, because authorizations generally require no form. A signed mandate serves above all as proof. Where the law requires written form, a qualified electronic signature is generally equivalent to a handwritten one. ### What role does data protection play for agents? If agents process personal data, the Swiss Data Protection Act applies and, where the EU is involved, the GDPR. Purpose limitation, proportionality, data security and contracts with the providers involved are important. ### May an agent make automated decisions about people? Specific rules apply to automated individual decisions with legal effect: in Switzerland, information obligations under Article 21 of the Data Protection Act; in the EU, the requirements of Article 22 GDPR. ### Does the European regulation on artificial intelligence apply to agents? Agents generally fall under the term AI system; obligations depend on role and risk. The article “EU AI Act and AI agents: what applies to agents” puts this in context. ### Is the provider of the AI model liable? That depends on the contract, the cause of the error and the applicable law. In the EU, the new product liability directive expressly covers software, for products placed on the market after 9 December 2026. ### Can a KYA certificate be used in court? Courts assess evidence freely. An independently recomputable certificate carries more weight than a log entry in one's own system, but a particular effect cannot be promised. ### Does KYA replace legal advice? No. KYA verifies technical evidence. Legal questions in an individual case belong with a lawyer. ### Where can I find the statutes? Swiss federal law on Fedlex, German federal law on gesetze-im-internet.de and Austrian law in the legal information system RIS. The sources are linked at the end of this page. General information, not legal advice. The statutes and the circumstances of each case are decisive. ## Sources - Obligationenrecht (OR): [https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de) - Bürgerliches Gesetzbuch (BGB): [https://www.gesetze-im-internet.de/bgb/](https://www.gesetze-im-internet.de/bgb/) - Datenschutz-Grundverordnung (EU) 2016/679: [https://eur-lex.europa.eu/eli/reg/2016/679/oj](https://eur-lex.europa.eu/eli/reg/2016/679/oj) --- Quelle: https://knowyouragent.ch/en/knowledge/faq/legal · KYA – Know Your Agent