Suchergebnisse für contract for work and services

DLT-basierte Finanzprodukte

DLT-based financial products are digitally created assets that can be transferred and stored on a Distributed Ledger Technology (DLT) infrastructure. Internationally, such digitally stored «tokens» are mostly referred to as «crypto assets»; however, there is still a lack of recognized, clear and internationally uniform definitions. Parallel to the spread of crypto assets being treated according…

Intelligence artificielle: licence libre et gouvernance collective des données à travers l’altruisme des données et les data trusts

Data access is central for the development of Artificial Intelligence (AI). Data may be however subject to a multitude of rights and actors (e.g. copyrighted works or personal data posted on social media or collected through captcha and used for AI training purposes), leading to a fragmented legal framework and legal frictions. This contribution explores how to apply open and free licenses to all…

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…

Digitale Inhalte und Dienstleistungen

The legal classification of access to digital content and services can have a significant impact on the rights and obligations of the parties. While customers regularly assume a comprehensive right of use and disposal, providers want to retain control over assigned digital copies of goods by means of technical precautions and contractual mechanisms. Based on an analysis of the legal foundations…

Editorial

Late in the spring (sometimes very late), the second issue of this journal brings its readers a bouquet of highlights on the laws and regulation of banking and finance. This issue reflects some trends…

Consolidation in the Swiss Portfolio Management Industry – Selected Aspects of M&A Transactions

In the ongoing consolidation wave sweeping the wealth management industry in Switzerland and the rest of the world, Swiss portfolio managers have to be alert. Both as a potential buyer or seller, there are important points to keep in mind to gauge whether a share deal or asset deal is the right choice, whether the timing is right, and how to maximise the value of the transaction, while limiting…

Rechtsfragen des LIBOR-Wegfalls

For decades, the LIBOR has been the most widely used benchmark interest rate for financial contracts. At the end of 2021, following major manipulation scandals and a dwindling reliability of the rate as a benchmark, LIBOR will be discontinued for most currencies including the Swiss franc. As numerous LIBOR agreements such as credit agreements or capital market instruments (mainly OTC interest…

Recent developments in Swiss competition law

1. In economic theory, transparency of information is usually seen as a positive condition, which contributes to effective competition. When one turns to competition law, however, it seems that…