Data & Technology
As technology advances, more and more information is being collected, stored, and exchanged all over the world. Personal and other data has become a precious economic commodity that fuels traditional business models and enables innovative value propositions. At the same time, regulation becomes tighter, in Switzerland as well as in the EEA and other countries. Partners, customers and other stakeholders including the public have increasingly stricter expectations for the handling of data. At the same time, with the world becoming ever more connected, cyber risks increase. In this complex environment, data protection law and other regulation is becoming increasingly important.
Current trends include the move to the cloud that fuels cost savings as well as innovation in all industries, including health, finance, media, retail and government, as well as healthtech, fintech, adtech and regtech, the emergence of platform business models, blockchain applications, machine-learning and other flavors of AI, the internet of things, and much more. Our team is familiar with these developments and their implications not only on an academic level but also with hands-on experience from a wide range of projects, putting us in the best position to anticipate and grasp new challenges.
Our professionals have extensive experience in all issues relating to established as well as emerging technology.
- We advise clients on regulatory restrictions, in close cooperation with members of other teams at Walder Wyss including financial market regulation and taxation;
- we assess the feasibility of new ventures;
- we draft, review and negotiate agreements with licensors, partners and customers throughout the value chain;
- we provide legal opinions and second opinions;
- we frequently represent clients before courts, authorities and other dispute-resolution bodies.
We also have extensive experience in all matters of data protection law and compliance.
- We help our clients navigate the complex data protection regulation in Switzerland and other markets;
- we advise on compliance with data protection and related laws throughout our client’s business, from internal compliance management to front-facing apps and platforms;
- we represent companies before the Cantonal and Federal data protection authorities and advise and accompany our clients in voluntary consultations with these authorities;
- we issue opinions and provide second views to internal assessments;
- we draft and negotiate agreements including intra-group data transfer agreements, data processing agreements, joint controller and controller-to-controller arrangements, data sharing and licensing agreements and other agreements in relation to personal and non-personal data;
- we help our clients with risk and impact assessments including legitimate interest assessments, data protection impact assessments and Schrems II transfer impact assessments, and we support them in communicating risks and options to their decision-making bodies;
- we assist clients who are subject to confidentiality obligations, such as in the banking, telecommunications, health, and insurance sectors, and help them understand the restrictions on data transfers, data use and their move to the cloud;
- we support clients in their preparation for cyber incidents as well as with post-incident notifications and communication;
- we participate in hearings and public consultations of new laws;
- we carry out data protection audits and provide trainings.
For further information see our team's specific website www.dataprotection.ch and platform www.datenrecht.ch.