Between Consignors and Buyers:
Conflicts of Interest of Auction Houses
Joëlle Becker has participated as a speaker in the Kunst & Recht 2107 / Art & Law 2017 Seminar organized by the University of Basel, in the context of Art Basel.
In her presentation, Joëlle has analyzed the duties ensuing from the contractual relationships entered into by auction houses under Swiss law. In doing so, she has focused on the cases of conflicts of interest, which auction houses may have to handle, as well as the possible solutions at their and their clients' disposal.
Symposium des fondations suisses 2017 Actualités en droit des fondations
Vincent Pfammatter a participé en tant qu'orateur au Symposium des fondations suisses 2017 organisé par SwissFoundations à la Maison de la paix à Genève, le 7 juin 2017.
Vincent a présenté trois actualités juridique distinctes, soit (i) l'impact du rapport du GAFI du mois de décembre 2016 pour les fondations suisses, (ii) la possibilité qu'offre à présent l'article 86a CC au fondateur de modifier le but de sa fondation, et (iii) deux arrêts du Tribunal fédéral (thésaurisation) et du Tribunal administratif fédéral (gouvernance).
The Paradox of Cyberattacks: Victims May Be Liable.
The recent wannacry cyberattacks raise the questions of how such situations would be addressed under the GDPR. Considering the heavy regulation to be complied with, companies targeted by the attacks may well end up - paradoxically - being at the same time liable. Our perspective on this touchy topic was just published in Le Temps, the main newspaper in the French-speaking part of Switzerland (p. 11).
Internet is developing tremendously through the Internet of Thing (IoT), which refers to the networked interconnection of everyday objects and devices. Today, more than 15 billion objects are connected to the Internet and it is expected that they will reach 80 billion by 2020. This evolution offers immense potential for new business opportunities. But it also raises a lot of questions and concerns about privacy threats and data protection. Together with Gilles Meynet, we shared some thoughts in a recent an article which is accessible here (in French).
7 avril 2017 - Commentaires fermés sur IoT Security : Meetup held at sigma legal
On April 4th, 2017, sigma legal hosted a conference from the association Swiss Cybersecurity. Enlightening speeches and discussions about connected devices, their security weaknesses and the consequences this may have on privacy.
5 avril 2017 - Commentaires fermés sur Copyright 4.0: a global perspective (and many takeaways)
High technologies are raising a lot of new issues under copyright law. This hot topic was at the heart of the annual IP conference recently held at the University of Geneva. We are pleased to share our contribution summarizing the essence of this conference which was just published on the Kluwer Copyright Blog.
17 mars 2017 - Commentaires fermés sur Data transfer to the US: What’s hot?
The Swiss – US Privacy Shield will be effective in less than a month
In January 2017, the US and Switzerland agreed to a new legal framework to transfer personal data from Switzerland to companies based in the US. Switzerland will apply roughly the same conditions as the European Union, which set up a comparable system with the US in 2016 (the EU–US Privacy Shield).
Margin squeeze in the telecom sector, parity clauses in the online hotel booking field, refusal to deal in the market for pay live tv broadcasting of premium content, formation of joint ventures in the fast-moving advertising sector and other cases show the diversity and complexity of antitrust cases in Switzerland over the last year. Critical review by Christian Bovet and Adrien Alberini. Just published in the Swiss Business Law Review (2017/1).
15 février 2017 - Commentaires fermés sur Downloading, Streaming, File Sharing
Popcorn. A few weeks ago, Le Matin Dimanche, a popular newspaper in the French speaking part of Switzerland, reported the story of a Swiss student who used PopcornTime to watch TV series in Germany. The student realized she had infringed copyright law only a couple of weeks later, when she received a letter from a law firm explaining that PopcornTime is a peer-to-peer platform and that she had unlawfully shared copyrighted content with other users. On this basis, the law firm claimed, on behalf of a large entertainment content owner, EUR 3’000!
In the wake of the EU, Switzerland revises its legislation
It’s time for businesses to adapt !
On December 21, 2016, the Federal Council (finally!) released, as part of the Swiss Digital Strategy, its draft bill for a brand-new Data Protection Act. This draft bill aims at modernizing and reinforcing data protection laws in Switzerland, but also at aligning with foreign regulations in order to facilitate cross-border transfer of data. More on this enclosed.