Entries in IT/IP Law
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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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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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.

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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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Securing IP rights in the IT environment

In the IT environment, problems repeatedly arise with the question of how one's own IP rights (intellectual property rights) should or can be secured. In addition to technical solutions such as download blocks, the focus is on contractually securing the rights in the corresponding software contracts. The following is a brief description of what companies should do contractually to secure their own IP rights and, if necessary, be able to enforce them.

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IT/IP LawGuest author