Suchergebnisse für trust suisse

The New EU Foreign Subsidies Regulation and its Implications for Switzerland

The EU has adopted a new unilateral instrument to control subsidies granted by non-EU countries, such as Switzerland, to companies operating in the EU. This subsidy control combines antitrust, state aid and trade rules, but applies directly to companies rather than to foreign states or granting authorities. Companies with some activities in the EU fall within the scope of this foreign subsidy…

Venture Capital, ESG and Sustainable Investments

Sustainability is a pressing issue that requires addressing various environmental, social, and governance (ESG) challenges. The venture capital industry has the potential to play a crucial role in sustainable investments due to its characteristics, such as long-term investment horizons and investor protections. However, sustainability has yet to become a major topic in private equity and venture…

EU-Product-Governance – Ein Vorbild für die Schweiz?

In 2020 the Financial Services Act (FinSA) entered into force. The provisions on rules of conduct and organizational duties are more or less based on the provisions of MiFID II. However, the regulatory complex on product governance has not been adopted by the Swiss legislator. This article examines whether this decision was convincing. As a result, it turns out to be wise, because the EU-product…

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…

«Open Banking» in der Schweiz – Herausforderungen an den Schnittstellen von Finanzmarkt-, Datenschutz- und Kartellrecht

«Open Banking» challenges traditional financial institutions in Switzerland and around the world. It poses strategic as well as legal compliance challenges. The present study delimits the (sometimes synonymously used) terms «Open Banking» and «API Banking» to the effect that Open Banking presupposes an access to the banking account (XS2A) on the basis of non-discriminatory criteria. It thus…

Entreprises et Big Data: peut-on forcer les entreprises à partager leurs données non-personnelles (par des licences obligatoires ou des licences „FRAND“)?

In the digital age where big data is of key value, companies generate a massive amount of data and make intensive use of data. Given that companies may depend on the access to non-personal data (industrial data) held by other companies to remain competitive, the question arises as to whether companies should be forced to share their non-personal data with each other (B2B data sharing) on the…

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…

Corporate Purpose and Board of Directors: Means and Ends of Corporate Governance

(Enlightened) shareholder value is a widespread opinion among legal scholars and lawmakers in Switzerland. In other countries, we observe today a clear shift in favor of stakeholder governance. In this article, we advocate that shareholders are one among several constituencies that make possible the achievement of corporate purpose. Hence, corporate law and practice should promote corporate…

Seuils d’intervention ou examen ex post pour le contrôle des concentrations dans les marchés digitalisés?

Digital markets are open in principle. But network effects may rapidly favour the first successful entrant and establish high entry barriers for followers. In addition, the exchanges are often valued in data access rather than in traditional money terms. These characteristics challenge our merger control regimes. Mandatory notification systems are particularly vulnerable since merger projects in…

Vertrauen – Begriffliche Grundlagen

In a philosophical tour d’horizon the abundance of con­ceptual foundations of trust is illuminated. Along with Charlie Chaplin and Vladimir Iljitsch Lenin, numerous other personalities have dealt with the term. In sociology, Niklas Luhmann described trust as a mechanism for reducing social complexity, as a function of faith without further review. In antiquity Aristotle’s trust was not only an…