Aller au contenu principal

Contributions

Digitalisierung des Aktienrechts – Die Ausgabe von Aktien als Registerwertrechte

Increasing digitisation is changing the society and economy, and therefore also affects the law regulating stock corporations. Wherever possible, physical processes are replaced by digital ones. With the emerging of distributed ledger technology (hereinafter DLT), a tendency towards dematerialization can be observed. DLT, or the technology of distributed electronic registers, is the technology of…
Prof. Dr. iur. Hans Caspar von der Crone LL.M., Fleur Baumgartner Mlaw
SZW-RSDA 4/2020 | p. 351

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…

Trois modèles de contrôle des investissements transfrontaliers

The screening of foreign investment has become a growing concern for many countries. In the midst of a trade war between the US and China as well as issues related to state-owned companies’ interference in the EU, it is bound to become a subject of heated debates in Switzerland. As we continue to live through a global pandemic, some countries are seeing themselves lacking or at least vulnerable…
Ass.-Prof. Dr. iur Aline Darbellay LL.M., Lukaz Samb Mlaw
SZW-RSDA 4/2020 | p. 419

Konzernverantwortungsinitiative: Was ändert sich bei einem JA?

The highly debated Swiss Responsible Business Initiative will be put to public vote in November 2020. If the electorate supports the position of the Initiative, a provision titled «Responsibility of Businesses» will be introduced into the Swiss Constitution. According to this provision companies seated in Switzerland would be required to respect internationally recognized human rights and…
Prof. Dr. iur. Dr. h.c. Yeşim M. Atamer LL.M., Florian Willi MLaw, LL.M.
SZW-RSDA 4/2020 | p. 435

Banking and finance disputes: to arbitrate or not to arbitrate, that is the question

“It has been said that “[b]ankers have traditionally preferred judges to arbitrators”. Indeed, where banks or financial institutions are involved in a dispute, state courts have usually been preferred, while arbitration has, so far, often been overlooked. However, in the last decade, the financial landscape has endured colossal changes worldwide. The 2008 crisis led to a paradigm shift. Banks –…

Wirkungsvollere Stiftungstätigkeit mittels «Foundation Diversity Management»

The present article discusses «Foundation Diversity Management» as a new and little researched term. It analyses this theme, sheds light on its origins in di­versity and explains what is meant by diversity in the board of a foundation. Finally, it shows how foundations are able to introduce such «Foundation Diversity Management» into their organisation. «Foundation Di­versity Management» aims to…

Der Kundenschutz und die FINMA – heute und morgen

To effectively protect financial market clients, an integrated approach combining prudential and conduct supervision is most conducive to achieving the desired results. It has already been applied in principles-based Swiss financial market regulation and supervision and is practised in a risk-oriented manner. Besides public financial market law, further aspects such as civil law and criminal law…

Mystery Shopping als Teil der Compliance

In this paper we argue that mystery shopping shall be part of the compliance in the financial services industry. Laws like FIDLEG try to regulate the conduct of ­financial service providers, which is checked by written documentation. However, there are substantial doubts that those documents do not correctly reflect the interaction between advisor and customer. Based on the­ ­example of the…
Prof. Dr. Thorsten Hens, Dr. Andreas Ritter
SZW-RSDA 6/2019 | p. 568