Résultats de recherche pour protection de l’environnement

Actions de loyauté : une fausse bonne idée

Over its summer session 2018, the Swiss National Council adopted the possibility for companies limited by shares (sociétés anonymes/Aktiengesellschaften) to include in their articles of association certain financial privileges to the benefit of shareholders registered for at least two consecutive years in the share register (loyalty shares). This article presents the legislative work in progress…

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…

Transparence des traitements de données personnelles opérés par les organes fédéraux: un pas en avant, deux en arrière

The recent revisions of European data protection instruments have been marked by the desire to give data subjects back control over their data, in particular by improving the transparency of data processing. The same desire for enhanced visibility and intelligibility has motivated the Swiss legislator in the revision of the Data Protection Act. The fact remains that the objective has only been…

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…

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…

Entreprises et droits humains – La directive européenne sur la publication d’informations non financières, un modèle à suivre en droit suisse?

Since 2014, a European Union directive requires large companies to publish non-financial information relating to human rights and other issues such as social and environmental challenges. Taking up a…

Gouvernance des sociétés de famille – Quels sont les enjeux ?

The current corporate law revision aims namely at improving good governance rules. In this respect, the preliminary Federal Council draft bill, for which the consultation process was opened back in November 2014, puts forward several measures aiming at strengthening the protection of minority shareholders. The author considers that the existing shortcomings in the governance of private companies…

Corporate Social Responsibility, Sustainable Development et Corporate ­Governance : quelles corrélations ?

Companies are not only members of civil society but are also integral and essential parties to the socio-economic context in which they develop. It is thus legitimate to wonder about their role and “societal” responsibility. The concept of corporate social responsibility is the idea that private companies are supposed to care not only about short-term profit in the interest of their shareholders…

La Convention européenne des droits de l’homme (Convention EDH) et les sociétés commerciales

It seems surprising, even paradoxical, that internatio­nal instruments protecting human rights such as the European Convention on Human rights (ECHR) also apply to trading companies. They are intended to protect human beings, not to legal persons, a legal fiction. Nevertheless, the Universal Declaration of Human rights, for instance, and the European Convention itself proclaim rights that are not…