Newsletter

Braun Martina / Meili Tobias / Müller Melanie

The revised Swiss Data Protection Act (FADP): Changes and their impact on companies

In fall 2020, the Swiss Parliament adopted the total revision of the Federal Act on Data Protection (FADP). The revised FADP is expected to enter into force mid-2022. The purpose of the total revision is to bring the FADP into line with the rapid changes in technology, the changed social circumstances, and the General Data Protection Regulation of the European Union (GDPR) that entered into force in 2018.

Eckert Suzanne / Künzler Oliver / Mayoraz Jean-François

Modernisation of Swiss Company Law

After a project lasting ten years, the extensive revision to company law is (finally) being implemented. The provisions relating to gender quotas and transparency rules for commodity companies (both with a transition period) already entered into force on 1 January 2021; the main part will enter into force in 2022. Key features of the new law are the introduction of new principles on corporate governance such as those relating to gender quotas and transparency regulations for commodity companies. The revision also includes a variety of simplified procedures and clarifications, in particular more flexibility for changes to share capital, the permissibility of interim dividends and purely virtual general meetings. Read our newsletter to find out what opportunities the revised law will offer, but also what duties will require action.

Schai Damian

Brexit: Trade marks with protection for the European Union (“EU trade marks”) – what do owners need to look out for and do?

Do you own a trade mark that is protected throughout the entire European Union (“EU trade mark”)? Do you regularly review whether the trade marks you own still correspond to their current use and are thus “fit” for the future? In both cases, we recommend that you read our newsletter and hope that it provides you with food for thought regarding the maintenance of your trademark portfolio now, with Brexit happening, and in the future. We would be pleased to assist you at any time.

Eckert Suzanne / Künzler Oliver

Newsletter 1/20: Developments with respect to shareholder and LLC member disclosure requirements and partial elimination of bearer shares

To combat money laundering and the financing of terrorism, disclosure obligations were introduced already on 1 July 2015. On 1 November 2019, these disclosure obligations were clarified in part and new criminal sanctions for the event of non-compliance with them entered into effect. In addition, bearer shares were eliminated in part.

Bachmann Roland

Newsletter 2/19: Competition from employees ceasing to work for an employer – prevention and safeguarding interests

When an employee ceases to work for an employer, loyalty to his employer is put to the test. There is a great temptation to solicit the former employer’s clients for personal gain and to exploit manufacturing or other trade secrets for the employee’s personal benefit or the benefit of a competing business. This newsletter shows how companies can prevent this and how they can defend themselves against prohibited conduct by employees who no longer work for them.

Tschirky Nicole

Newsletter 1/19: Foundations: Tips for founders and foundation boards

If, in addition to benefi tting family and friends, some of the assets of a person’s estate are intended for charitable purposes, foundations are often considered as possible recipients of these funds. It may, in some cases, also be necessary to transfer a proportion of the assets to a foundation or to set up a foundation while the person is still alive.

Müller Melanie

Newsletter 1/18: When do you need trademark protection in addition to your business name?

Sometimes, persons setting up a company are confident that their business name is adequately protected by registering the company in the Commercial Register and believe that this sufficiently prevents third parties from using their name. This newsletter explains the implications of protecting a Business name and the circumstances in which it is advisable to also register a trademark.

Braun Martina / Künzler Oliver

Newsletter 4/17: EU General Data Protection Regulation: Implications for Swiss businesses

Extensive efforts are currently underway to bring data protection law in line with rapid technological developments. These initiatives include the new General Data Protection Regulation (EU GDPR) which applies within the EU from 25 May 2018. Although the EU GDPR is not directly applicable in Switzerland, many Swiss businesses fall within its scope. This newsletter outlines the impact of the EU GDPR on Swiss businesses and what action they need to take.

Hilber Sarah / Wetzel Thomas

Newsletter 2/17: Delusions and confusions surrounding Lex Koller

It was only in June 2014 that the Swiss Federal Parliament rejected motion 13.3975 calling for the ‘reinstatement of Lex Koller authorisation for real estate used for commercial purposes’ and motion 13.3976 calling for the ‘abolition of the privilege allowing the acquisition of shares in real estate funds and listed real estate companies under Lex Koller’. Yet the Federal Council has insisted that some of these proposals should be implemented under a revised Lex Koller regime and initiated a consultation process on 10 March 2017. The consultation period runs until 30 June 2017.

Eckert Suzanne / Künzler Oliver

Newsletter 1/17: Practical implementation of the new disclosure requirements for shareholders and LLC members

The new disclosure requirements for acquirers of shares and limited liability company (“LLC”) capital contributions have led to considerable uncertainty in practice. The purpose of these requirements is to enable information to be obtained on both the owners and beneficial owners of companies limited by shares or LLCs. There are harsh sanctions for failure to comply with disclosure obligations: membership rights will be suspended and property rights may lapse. In practice, many questions remain unanswered with regard to implementation. Some possible approaches are set out below.

Newsletter 1/16: Estate planning - an evolving process

Personal estate planning is a constantly evolving process. It is essential to review and adjust existing arrangements regularly to reflect any changes in your personal circumstances and financial situation. Current need for action may in particular be identified with regard to the dealing with digital data, gifts and loans as well as occupational benefits schemes.