Paper Number
ECIS2026-1902
Paper Type
SP
Abstract
Digital innovators in nascent markets often face uncertainty because their digital products do not fit existing legal categories, and new technology-specific legislation evolves slowly. This study examines how non-binding policies guided Switzerland’s blockchain industry before the enactment of the DLT Act in 2021. Drawing on an inductive qualitative case study, we analyze 15 interviews and extensive archival materials covering the period from 2012 to 2021. Our preliminary findings reveal three types of non-binding policies – soft public policies, translational policies, and industry policies – that collectively substituted for formal legislation. Each type fulfilled a distinct function in guiding digital innovators: clarifying how regulators interpret existing law, generating a shared legal–technical understanding, and establishing legitimizing industry norms. Together, these artifacts formed an interdependent policy arrangement that provided orientation and reduced uncertainty. The study contributes to IS policy research by demonstrating how governance emerges through non-binding policies long before formal legislation exists.
Recommended Citation
Hostettler, Fabian and Perrelet, Simon, "Guiding Digital Innovators In Nascent Markets: The Role Of Non-Binding Policies" (2026). ECIS 2026 Proceedings. 1.
https://aisel.aisnet.org/ecis2026/is_policy/is_policy/1
Guiding Digital Innovators In Nascent Markets: The Role Of Non-Binding Policies
Digital innovators in nascent markets often face uncertainty because their digital products do not fit existing legal categories, and new technology-specific legislation evolves slowly. This study examines how non-binding policies guided Switzerland’s blockchain industry before the enactment of the DLT Act in 2021. Drawing on an inductive qualitative case study, we analyze 15 interviews and extensive archival materials covering the period from 2012 to 2021. Our preliminary findings reveal three types of non-binding policies – soft public policies, translational policies, and industry policies – that collectively substituted for formal legislation. Each type fulfilled a distinct function in guiding digital innovators: clarifying how regulators interpret existing law, generating a shared legal–technical understanding, and establishing legitimizing industry norms. Together, these artifacts formed an interdependent policy arrangement that provided orientation and reduced uncertainty. The study contributes to IS policy research by demonstrating how governance emerges through non-binding policies long before formal legislation exists.
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