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Used software licences legal in Switzerland

Buying used software licences is clearly regulated and permitted under Swiss law. The decisive factor is the principle of exhaustion in the Swiss Copyright Act, backed by European case law. Here we explain the Swiss legal situation in concrete terms.

At a glance

Are used software licences legal in Switzerland? Yes. Art. 12 para. 2 URG and the ECJ ruling C-128/11 explained, plus what Swiss buyers should bear in mind.

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The Swiss legal basis

The Swiss Copyright Act sets out, in Art. 12 para. 2, the principle of exhaustion. Put simply: a copy of a work that has been sold with the rights holder's consent may be resold. The rights holder cannot control its subsequent distribution.

This principle also applies to software. Anyone who has lawfully acquired a licence may therefore pass it on. European case law, in particular the ECJ ruling C-128/11 of 2012, confirmed the same principle for the EU area and expressly extended it to digitally delivered software.

What Swiss buyers should bear in mind

  • Activation guarantee instead of a promise about origin. As a buyer, you cannot verify the origin of a licence yourself. What matters: a provider with a genuine commercial register entry and a valid VAT ID, plus an activation guarantee with free replacement should a key ever fail to activate. Check the retailer below yourself.
  • Request a VAT invoice. A proper proof of purchase in the Swiss format is mandatory, both for tax purposes and for a possible audit.
  • Realistic price. A clear discount compared with new products is normal; a dumping price is suspicious.
  • Prefer a Swiss online shop. Billing in CHF, Swiss VAT and reachable support spare you exchange-rate losses and uncertainties.

Keywi24 reviews on Trusted Shops

We do not host our own reviews. Independently verifiable on Trusted Shops – verbal rating currently Excellent.

Verify for yourself

You can verify the seller yourself, in two minutes

Who stands behind a shop is publicly verifiable: a reputable dealer has a real company with a registry entry and a valid VAT number, both of which can be inspected. The origin of an individual key cannot be proven from the outside, but it can be verified whether a tangible company stands behind the shop. With us, you can even do it live, right here.

Company
Kewee OÜ
Tallinn, Estonia
Registry code
17352418
EU VAT no.
In the Estonian commercial register

Frequently asked questions

Are used software licences legal in Switzerland?

Yes. The principle of exhaustion in Art. 12 para. 2 of the Swiss Copyright Act permits the resale of lawfully acquired licences. European case law, with the CJEU ruling C-128/11, confirms the same principle.

What is the difference from the EU legal situation?

In substance there is no significant difference. Switzerland governs exhaustion in the Copyright Act, the EU through its case law. For Swiss buyers, Art. 12 para. 2 of the Copyright Act is the relevant basis.

Do I need any special proof?

A proper VAT invoice in the Swiss format is sufficient as proof of purchase. For a possible company audit, reputable vendors provide additional documentation on request.

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About Keywi24

Keywi24 is a Swiss online shop for verified pre-owned Microsoft and antivirus software licences. The team has in-depth market knowledge from over five years of experience. Our goal is not to become the largest licence shop, but the most trusted.

That’s why we don’t invest in marketing hype, but in 90 days of real technical support after every purchase. Legal basis: CJEU ruling C-128/11 (03.07.2012) and Art. 12 para. 2 URG.

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