Suchergebnisse für consumer protection

L’application du droit des marchés publics à l’approvisionnement en électricité

In March 2021, the Competition Commission issued a recommendation pertaining to the application of public procurement law and the Federal Internal Market Act to the procurement of electricity. The purpose of this recommendation was to examine in which cases the purchase of electricity must be subject to public tenders; it clarified that public procurement law may apply in several instances to…

The Normative Effects of ESG Expectations on Companies and their Directors

Most companies face a growing number of environmental, social and governance (ESG) expectations arising not only from their shareholders, but also from a wide array of stakeholders such as clients, investors, States, financial institutions and not-for-profit organisations. Even though a significant number of these expectations are not imposed by hard or soft law, they cannot be disregarded in…

Relative Marktmacht – gerichtliche Sicht

The amendment 2021 of the Swiss Federal Act on Cartels and other Restraints of Competition provides in the new article 4 section 2^bis a concretizing definition of market power as follows: “An undertaking with relative market power is an undertaking on which other undertakings are dependent for the supply of or demand for goods or services in such a way that there are no adequate and reasonable…

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…

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…

Daten als Entgelt

The use of personal data as payment means in con­tractual relations is an economic reality that does not contradict the legal framework. In exchange for digital content a data subject may provide personal data to the supplier agreeing to have used them for further data processing. Under Swiss law, such kind of values’ exchange can be qualified as innominate contract that encompasses continuing…

In the Business of Influence: Contractual Practices and Social Media Content Monetisation

In 2018, 300 hours of content were uploaded on Youtube every minute. Most of it is generated by regular people who share content for a living, and those who amass enough followers are known as influencers. Traditionally, media laws have controlled aired content. Nowadays, broadcasting decentralisation and social media trends such as influencer marketing challenge the rationale and application of…

Global agieren, lokal profitieren – und keine Verantwortung?

The debate about responsible business conduct has gained new momentum in Switzerland due to the responsible business initiative («Konzernverantwortungsinitiative») which triggered the drafting of a counter-­proposal by the National Council in the context of the ongoing revision of the company law. This contribution situates this debate in the relevant international con­text. The analysis’ focus…

Klagen gegen Finanzdienstleister im FIDLEG-Entwurf – ­eine kritische Würdigung

The draft Swiss Financial Services Act («Finanzdienst­leistungsgesetz»/«FIDLEG») aims at the improvement of customer protection. To that end, it also contains procedural rules that shall facilitate lawsuits of custo­mers. Customers do not have to advance court fees nor have to deposit a security for the counterparty’s costs. In certain situations, a customer is relieved from paying any litigation…

Conference Proceedings

This year’s annual conference of the University Research Priority Program (URPP) Financial Market Regulation¹ – the third in the history of the URPP – was devoted to “International Aspects of Financial Regulation: Competition vs. Coordination” and took place at the University of Zurich on June 1 and 2, 2015. In line with the URPP’s interdisciplinary approach, the conference program blended…