Suchergebnisse für Künstliche Intelligenz

Echtzeitbankenaufsicht – la panacée?

In recent years, the concept of data-based banking supervision has evolved to influence the dynamics between supervisors and supervised institutions. This de­ve­lopment, if accompanied by adequate implementation, undoubtedly improves the quality of banking supervision. However, data-based supervision does not automatically lead to real-time supervision. While it tends to reduce the time lag…

Insider Trading im digitalen Zeitalter: Neue Herausforderungen und Risiken

Insider trading has existed since the launch of the very first organized trading venues and is now prohibited in most jurisdictions. The growing digitalization of the financial industry is adding several layers of complexity to the topic and creating both new risks and opportunities for market participants. First, digitalization brings about a higher interconnectivity between the global financial…

Wissen, Nichtwissen und Wissenmüssen von natürlichen und juristischen Personen

Many statutory or contractual provisions’ legal con­sequences depend on whether the addressee knew or should have known a fact. Thus, the question of what natural or legal persons know is of paramount im­por­tance. This paper defines the three key terms “knowledge”, “lack of knowledge”, and “knowledge that one should have had”. Also, it examines under which conditions a third party’s knowledge…

Regulierung von künstlicher Intelligenz für FinTech-Anwendungen

New methods of artificial intelligence represent one of the greatest promises and most prospective developments of digitalisation. Artificial intelligence has already enabled numerous innovative applications in the areas of image recognition, medicine, language and mobility, and it is also increasingly being used in the financial market, on which this article focuses. In addition to great…

Intelligence artificielle: la titularité des données

Data are at the heart of AI systems. Without data, AI systems are valueless. Data come into play at different phases, both at the input level (training sets, validating sets, testing sets), as well as at the output level. Although the Proposal for AI Regulation released on 21 April 2021 by the European Commission offers a promising regulatory framework as to the governance related to the design…

Das Profiling im neuen Datenschutzrecht

The revised Data Protection Act will introduce the concept of profiling into Swiss law. This term will be defined in the same way as in the European General Data Protection Regulation (GDPR) as any automated processing of personal data to evaluate certain personal aspects relating to a natural person. Unlike the GDPR, the new Act will create a special category of high-risk profiling, which is…

Good Corporate Governance: Von der Zielsetzung zur Unternehmens­organisation – am Beispiel des neuen Aktienrechts

The authors start out by noting that the term and discussion around corporate governance developed from a technical designation without content to a concept of «good» corporate governance that increasingly prescribes the ways, not the goals of corporate governance. Likewise, the question whether a corporate governance system is good or bad is not measured in light of its efficiency in achieving…

Automatisierte Entscheidungen: Grundfragen aus der Perspektive des Privatrechts

Data protection law addresses the issue that more and more (complex) decisions are taken automatically. A closer look at the regulatory approaches of the General Data Protection Regulation (GDPR), the Council of Europe’s Convention 108 and the draft Swiss Federal Act on Data Protection (draft FADP) leads to two conclusions. On the one hand, the scope of application of these provisions is too…

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,…

Automatisierte Entscheidungen: Perspektive Datenschutzrecht und ­öffentliche Verwaltung

In the area of government action, automated individual decisions in the sense of the draft revision of the Swiss Federal Data Protection Act (E-DSG) are fully automated decrees. Art. 19 E-DSG provides, on the one hand, for a labelling obligation for such decrees and, on the other hand, for certain decisions, the person concerned is granted the opportunity, upon request, to state his point of view…