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Das Desorganisationsdelikt in Finanzdienstleistungsunternehmen

In 2003, a general criminal provision on corporate liability came into force in Switzerland. This regulates how to attribute certain felonies or misdemeanours committed by individuals to the company for which they work. This innovation was in line with a general trend in continental Europe, but was controversial in business circles and in criminal law doctrine. The legislative bodies therefore…

Sharing Economy: Zur sozialversicherungsrechtlichen Beurteilung von ­Plattform-Beschäftigten

Driven by digitalisation and the Sharing Economy, the way in which work is performed is changing. Platforms that provide work or carry it out themselves are becoming increasingly important, as are the associated unresolved legal issues. From the perspective of social security law, the question arises as to whether platform workers are self-employed or employed by platforms. Since all platforms…

Algorithmen als Anlass für einen neuen Absprachebegriff?

Traditionally, cartels are concluded between natural persons whose behaviour then is imputed to the firms they are acting for. How shall we assess restrictions of competition emanating not from humans, but from algorithms? Long-established definitions of agreements as «concurrence of wills» or «meeting of the minds» do not fit well to the output of machines. Therefore, competition law is…

Ist die neue Finanzmarkt­regulierung funktionsfähig?

The article describes the causes of financial market crises. It assesses the advantages and disadvantages of the legislative measures taken since the crisis of 2007/­2008. Finally, it outlines what additional or alternative measures could be taken to increase the stability of the financial markets and to improve supervision.

Verwendung von Software aus dem Bereich der künstlichen Intelligenz bei der Due Diligence im M&A- und Kapitalmarktbereich

This article is a first review of how artificial intelligence could be used in M&A and capital markets due dili­gence. Today available products have similar fields of application and functionality. They are mainly used in contract review. Their core function is to help to identify clauses of a certain type and to provide first summaries of contracts. They all have the ability to learn and thereby…

Selbstlernende Fahrzeuge – eine Haftungsanalyse

This article deals with legal issues concerning automated vehicles equipped with the power to learn. Specifically, questions of liability are to be addressed; firstly, liability for accidents involving automated vehicles and secondly, liability for deficient, automated vehicles under product liability law. The main goal of this article is to explore the impact of the automated vehicle’s learning…

Konzernorganisationsrecht 2.0

The premise of this article is that the law of corporate groups is, in essence, business organisation law. The departure point is the observation that the function of the corporate group relates primarily to the overcoming of entrepreneurial problems that economic globalisation has brought, and continues to bring, forth. In order to do justice to this economic reality, the law must provide the…