What does the General Data Protection Regulation mean for companies outside the EU?
Until now, EU Data Protection Laws have only applied to companies with a presence in the EU. The General Data Protection Regulation (GDPR) now deviates from this principle, with the consequence that the new law not only affects companies within the EU, but also countries outside of its borders. In certain situations, the GDPR is also applicable to companies (controllers) outside of the EU.
The potential cross-border applicability has left many companies outside the EU confused, and it has led to uncertainty.
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When does the General Data Protection Regulation apply to companies outside the EU?
Until now, EU data protection law only applied to companies that had an establishment in the EU. The General Data Protection Regulation (GDPR) now deviates from this principle, which means that the new law potentially affects not only companies in the EU. The scope of the law also covers companies outside the EU under certain conditions. In particular, Swiss companies that are often active in the EU could be affected by the GDPR.
This cross-border applicability has led to uncertainty for many companies outside the EU.
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Do I have a right to the heat-free period?
Short answer: No!
In contrast to Germany, Swiss labour law does not provide for maximum temperatures. So work must still be done at temperatures above 35 degrees Celsius.
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Bearer shares are abolished
As part of the implementation of the recommendations of the Global Forum on Transparency and Exchange of Information for Tax Purposes (OECD), the transparency of legal entities must be increased, and thus an adjustment of bearer shares has become necessary. Bearer shares have met with international criticism because they are anonymous and easily transferable and can thus be abused for tax evasion and money laundering. Nevertheless, an adjustment was put on the back burner by parliament and now had to be implemented within a short period of time, which was objected to in parliament.
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Unclear ownership of public limited companies
Ownership is particularly relevant in the case of restructuring, succession arrangements or financing rounds. However, ownership can also be significant in disputes between shareholders; a shareholder can only exercise his rights if he can prove ownership of the shares. The problem affects both established companies, where succession is at stake, and start-ups, where ownership can change again and again due to financing rounds.
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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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