Suchergebnisse für Konvention 108

Die schleichende Erodierung des Bankkundengeheimnisses

This article shows how Swiss banking secrecy, which was primarily intended to protect privacy and was enshrined in law in response to the banking crisis of 1931, has been gradually eroded under increasing international pressure and adapted to international standards. In stark contrast to this, it continues to be valid at home. However, the existing legal obligations to inform and report to the…

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 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…

Robot Recruiting

«Robot recruiting» refers to the automation of the recruiting process using data driven technologies. More than half of HR managers expect artificial intelligence to become part of their daily routine in just a few years’ time. Hiring algorithms are said to make hiring more consistent and efficient and even have the potential to remove interpersonal bias from the hiring process. But critics argue…

Sanktionen

Access to the EU Single Market has always been a key concern of Swiss financial market policy. However, in the aftermath of the crisis, the EU has considerably tightened its third country regime by requiring a demonstration of «equivalent regulatory and supervisory frameworks». Given that the EU has recently implemented tougher sanctions throughout its Single Rulebook, obtaining favorable …

Die regulatorische Antwort auf FinTech: Evolution oder Revolution? Eine Verortung aktueller Entwicklungen

While technological improvements have shaped the financial industry and its regulation for decades, FinTech is the buzzword of the hour. Rapidly developing digital technologies allow new market entrants to disrupt the traditional intermediary-based provision of financial services (I.). These new businesses – in particular those that operate payment systems or engage in crowdfunding – may clash…

OR 2020: Braucht die Schweiz ein neues Vertragsrecht? – Eine Einführung

In spring 2013, the draft for a new General Part of the Swiss Code of Obligations was published under the title “Schweizer Obligationenrecht 2020” (OR 2020; in French “Code des obligations suisse 2020” [CO 2020]). The OR 2020 draft contains model rules for a new General Part of the existing Swiss Code of Obligations in German, French, Italian and English, as well as explanatory notes on each…