Suchergebnisse für Human Resources

Sustainable Purpose-Driven Enterprises

Social enterprises (in a broad sense), including those launched by social (or sustainable) entrepreneurs (or Sustainable Purpose-Driven Entities) are important players to achieve the Sustainable Development Goals (SDGs). Developing a legal framework that allows them to prosper has been a priority of the European Commission since 2010. These entities have recently been endorsed by the United…

Venture Capital, ESG and Sustainable Investments

Sustainability is a pressing issue that requires addressing various environmental, social, and governance (ESG) challenges. The venture capital industry has the potential to play a crucial role in sustainable investments due to its characteristics, such as long-term investment horizons and investor protections. However, sustainability has yet to become a major topic in private equity and venture…

The Materiality of Sustainability Information under Capital Markets Law

This paper explores the legal concept of the materiality of sustainability-related information under Swiss capital markets law. References to international standards, as well as EU and U.S. provisions, are also made with a view to highlighting the increasing importance of environmental, social and governance (ESG) aspects in the law and regulation of capital markets. We primarily focus on the…

Innovation in Pharmaceutical Mergers: Looking for a Miracle Cure?

The European Commission’s approach to analysing the negative effects of a merger on competition has recently changed. Whereas for years, competition authorities have mainly focused on the effects of a merger on prices, the impact on output, or the creation or strengthening of a dominant position in a given market, they are now examining the effects of a merger on innovation. The analysis of the…

Do Robots Rule Wealth Management? A Brief Legal Analysis of Robo-Advisors

What are the legal duties of robo-advisors in Switzerland? In this article, we focus on the legal framework arising from Swiss financial market law, contract law and data protection law. We also make a comparison with European law. We first explain how robo-advisors work and conclude that, contrary to what their name may suggest, they are primarily portfolio managers. As financial service providers…

Solidarische Haftung einer Bank für Menschenrechtsverletzungen im Sudan

On 16 February 2021, a New York court held that under Art. 50(1) of the Swiss Code of Obligations, a bank may become jointly and severally liable for human rights violations committed by a foreign…

Big Data and the Law: a holistic analysis based on a three-step approach – Mapping property-like rights, their exceptions and licensing practices

Given Big Data’s increasing importance, it seems important to develop a clear and coherent body of law and to organize the different relationships among all stakeholders and legal regimes that grant different property-like rights. There are already numerous studies on the interactions between Big Data and intellectual property and/or privacy, but less that map all legal regimes, including the…

Konzernverantwortungsinitiative: Was ändert sich bei einem JA?

The highly debated Swiss Responsible Business Initiative will be put to public vote in November 2020. If the electorate supports the position of the Initiative, a provision titled «Responsibility of Businesses» will be introduced into the Swiss Constitution. According to this provision companies seated in Switzerland would be required to respect internationally recognized human rights and…

Automatisierte Entscheidungen: Perspektive Grundrechte

Automated decisions affect the legal system in a wide variety of areas. In a state governed by the rule of law, fundamental rights are of great importance; their ­validity can lead to a conflict with «results» produced by algorithms. The article examines five areas (employment relationships, biomedical «environment», moderation of online content, financial markets, procedural guarantees) and,…

Entreprises et droits humains – La directive européenne sur la publication d’informations non financières, un modèle à suivre en droit suisse?

Since 2014, a European Union directive requires large companies to publish non-financial information relating to human rights and other issues such as social and environmental challenges. Taking up a…