Entries in Data protection
Wicki Partners AG is Top Law Firm 2024

In the Bilanz Ranking 2024, Wicki Partners AG was once again named the TOP law firm in Switzerland, confirming its position as a specialized commercial law firm. The Handelszeitung, in collaboration with Statista, selected the best law firms from over 29,000 recommendations from clients and colleagues.

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"What does the new DPA bring?" and our assessment of it - report from a lecture by Dr. Adrian Lobsiger (FDPIC) at the University of Zurich.

Attorney at Law and IT Law Specialist Sven Kohlmeier was one of the participants who gathered in the lecture hall of the University of Zurich on October 26, 2023 to hear how the Federal Data Protection and Information Commissioner Dr. Adrian Lobsiger positions himself some 2 months after the new Swiss Data Protection Act came into force.

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Wicki Partners AG is Top Law Firm 2023

In the Bilanz Ranking 2023, Wicki Partners AG was once again named TOP law firm in Switzerland, confirming its positioning as a specialized commercial law firm. From over 25,000 recommendations from clients and colleagues, the Handelszeitung, in cooperation with Statista, selected the best law firms.

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Fines in the new data protection law - up to CHF 250,000.00 possible for private individuals

Can a web designer be liable to prosecution in the future when creating websites? Is the office employee responsible for data protection information? Will online store operators have one foot in the door for fines in the future? This article provides answers to questions about the new data protection law.

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Recommendations for startups and founders

At the beginning of February 2023, our IT lawyer Sven Kohlmeier answered questions on the panel of the "Swiss Startup Conference" at Trust Square near Paradeplatz in Zurich, Switzerland. Together with Tonia Zimmermann, co-founder of UMushroom, and Michael Dudli, founder and CEO of Xelon, they gave very practical advice for Swiss startups. Nearly 500 participants were present to exchange ideas and network.

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What follows 2022? The year 2023 and various legal changes

The turn of the year is not only the opportunity to review the previous year or to prepare and perform the legal obligations such as the preparation of the balance sheet and income statement. The turn of the year is also always a preview of the legal changes that are to come in the new year. It is one of the duties of every business owner, board of directors or managing director to be aware of legal changes and to carry out any necessary risk assessments or to initiate measures to implement legal requirements. We would like to give you an overview of the legal changes - many times we have reported on them in detailed articles during the year. You can find everything in compact form here.

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Discussion of the ruling: Right to information under the DPA for the purpose of clarifying one's own litigation prospects - extension to employment law matters?

In ruling BGer 4A_277/2020, the Federal Supreme Court ruled that the assertion of the right to information under Art. 8 DPA for the purpose of clarifying the prospects of litigation is an abuse of rights and must therefore be rejected. The question arises as to how this decision will affect areas other than corporate law, namely employment law disputes.

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Data protection law review | Part 3: Cyber attack - the right response counts

Cyber attacks on corporate and administrative data are regrettably part of everyday life in the age of digitalization. Often, the public and the people affected either do not learn about such incidents at all or learn about them very late, partly because they fear damage to their reputation. However, it is essential to respond appropriately to such cyber attacks.

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Wicki Partners at international conference on cybersecurity

Sven Kohlmeier spoke at the conference about Cybersecurity Best Practices and Considerations in the Time of Covid. In particular, attacks with so-called ransomware (blackmail Trojans, crypto-Trojans, extortion software) pose a considerable threat, especially for companies. Especially in times of home office and teleworking, basic cyber security measures must therefore be observed.

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Total revision of the Data Protection Act finally passed

In the final straight, the total revision of the Data Protection Act came to a standstill once again, as the National Council and the Council of States did not quite agree on some details. Today, the parliament finally got the draft law over the finish line.

As a result, the total revision is a moderate renewal and approximation to the GDPR, but less strict and comprehensive than originally envisaged.

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Data Protection and Security in M&A

After almost two years of the GDPR, the fines from the regulators are starting to pile up. Buying or merging with a company that lacks proper cybersecurity, or one that is not in compliance with the GDPR, becomes a considerable risk. For instance, Marriott was fined £99 million by the Information Commissioner's Office (ICO), which is the UK regulator, after hackers stole the guest records of the Starwood Hotels & Resorts Worldwide that it had acquired. A study by Merrill Corporation has shown that over half (55%) of practitioners surveyed across EMEA said they had worked on M&A transactions that had not progressed because of concerns around a target company's data protection and compliance with GDPR. Therefore, non - compliance with GDPR can become a serious issue for the seller.

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Data protection for connected devices

In a recent article in Data Protection for Practitioners, Yves Gogniat looks at IoT, wearables, smart devices and other connected devices. Under the title "Can I collect personal data through connected devices without consent?", he explores the questions to what extent the consent of the data subject is necessary for the use of connected devices and how to deal with connected devices that do not have their own interface.

The article is available here.

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