Suchergebnisse für parties rights

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…

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…

Corporate Internal Investigations under Swiss Law: Information Gathering and Employee Interviews

The information gathering and review phase is fundamental to every corporate internal investigation. It forms the factual basis for the final report and legal considerations at a later stage of the investigation and provides evidence which might become relevant in a later civil, regulatory or criminal proceeding. It is therefore crucial that the data collection and interview phase is conducted in…

Enquêtes internes et secret professionnel de l’avocat

The Federal Court recently rendered two decisions on the issue of the protection of the lawyer’s professional secrecy within the context of internal inquiries. These decisions represent an important step, since there were contradictory opinions in legal writings on the issue of whether lawyers’ participation in internal inquiries should be regarded as a typical activity, and consequently covered…

Recent developments in Swiss competition law

Over the past few months the Courts issued quite a significant number of judgments. Generally, they favoured a strict competition policy in dealing with substantive law issues. However, this was not done to the detriment of the protection of the parties’ procedural rights...

Protection des données et nouvelles procédures de communication aux autorités fiscales et de surveillance étrangères

At a time when banking secrecy is shrinking, the lawmaker has decided to redefine the role of data protection in international cooperation procedures with regulatory and tax authorities. The law allows a supervised entity, typically a bank, to transmit confidential information to certain foreign authorities and organizations, but requires it to safeguard the rights of its clients and other third…