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Buying used software licences in Switzerland: the legal situation

Pre-owned software licences are clearly legally permitted in Switzerland and in the EU, settled at the highest judicial level since 2012. Here we explain in concrete terms what you should nonetheless check as a buyer, so that you do not inadvertently end up with a disreputable provider.

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The CJEU ruling C-128/11 and the Swiss Copyright Act exhaustion principle explained in concrete terms. What you as a Swiss buyer need to know before you buy.

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The two legal anchors: brief and concrete

The core is simple: software is to be treated legally like a book. Anyone who buys a book may resell it, even if they have read it only once. This "exhaustion principle" has applied since the CJEU ruling of 2012 to digitally delivered software as well, provided it was sold with a permanent usage licence.

Legal anchorCase reference / sourceWhat it means in concrete terms
CJEU rulingC-128/11, dated 03.07.2012The exhaustion principle also applies to digitally delivered software. Anyone who lawfully acquires a licence may resell it.
Swiss Copyright Act (URG)Art. 12 para. 2Exhaustion principle applies to copies of works placed on the market, an analogous legal situation to the EU.

What you should check as a buyer

  • VAT invoice as a proper proof of purchase. Mandatory. Without a PDF invoice showing VAT in the Swiss format, there is no business voucher and no audit proof.
  • The seller is a genuine, verifiable company. More important than legal buzzwords: does the provider have a public commercial register entry and a valid VAT ID number? You can check this yourself in two minutes. Check the retailer yourself below.
  • A real telephone number and live support. Anonymous shops with no genuine means of contact are the biggest risk signal.
  • Reviews on independent platforms. Trusted Shops, not the provider's own review sections curated by the provider itself.

Keywi24 reviews on Trusted Shops

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

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Häufige Fragen

Is it legal to buy used Microsoft licences in Switzerland?

Yes. Settled at the highest judicial level by the CJEU ruling C-128/11 (03.07.2012) and governed analogously for Switzerland by Art. 12 para. 2 of the Swiss Copyright Act (URG). Conditions: lawful first placing on the market within the EU/CH area, complete proof of purchase, and proper deletion by the previous owner.

What if Microsoft audits me?

In a Microsoft audit, a proper VAT invoice counts as proof of purchase, which we provide as standard with every order as a PDF in the Swiss format. If you need additional licence-sourcing documentation for a specific audit procedure, we make it available on request.

Where's the catch?

There is no legal catch with properly pre-used licences from the EU/CH area. What does exist: dubious providers who sell licences from questionable sources (often from third countries or with falsified activation documentation). That is precisely why the buyer checks above matter.
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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