Navigating FemTech app regulation in Switzerland: Challenges and opportunities from a public health perspective

Abstract

This article examines the Swiss legal framework governing FemTech applications (apps), particularly those dedicated to fertility tracking. It explores the challenges and opportunities associated with regulating these apps from a public health perspective, oriented towards the health of the collectivity rather than that of individuals alone. While these technologies hold great potential, they also raise various critical concerns. Against this background, this article considers ways to improve the current legal framework to better protect all stakeholders while promoting public health outcomes. By addressing the complex interplay between technological innovation and state responsibility, including the roles of governmental and regulatory bodies, this piece aims to explore ways to maximize the opportunities offered by FemTech while ensuring public well-being.