Posts tagged with contract law
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.

Read more
The data centre is bankrupt, how do I get my data?

Today, there is no clear legal regulation on the handling of data in bankruptcy in debt collection and bankruptcy law. If a customer wants to have access to his data in bankruptcy, he has to rely on the goodwill of the bankruptcy office. There is therefore no entitlement to the continued operation of a data centre in bankruptcy so that the data can be migrated.

Read more
A Swiss View on Covid-19 and Force Majeure

How the impact of Covid-19 on a contractual relationship is dealt with under Swiss law depends primarily on the language of the contract. If it contains a specific "force majeure" clause dealing with a pandemic, that clause applies. Of course, such explicit clauses have not been widely agreed prior to the pandemic. In this case the contract has to be construed in order to determine the intent of the parties, and the Swiss Code of Obligations (CO) applies if it is found that the parties have not made a provision dealing with the impact of a pandemic.

Read more