Cross-border posting of workers from and to Switzerland: A legal approach

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As Switzerland is not an EU-Member-State, the EU-PWD-Regulations are not applicable on postings from and to Switzerland. Instead, Swiss statutory law regulates the legal requirements as well as the applicable minimum standards for a posting to Switzerland and sets the mandatory notification process.

As different laws apply to the two models, the posting is to be differentiated from the staff leasing in Switzerland. This article provides a short overview on the distinctions between postings and staff leasing in Switzerland and delivers guidance for international assignments to companies.

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Posted on 11/04/2024 | 0 Comments

Legal landscape of AI regulations in the European Union and Switzerland

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The rapid and widespread adoption of artificial intelligence (AI) systems (and generative AI in particular) has been one of the major topics discussed over the past few years by the public and, to some extent, by legal scholars and legislators.

Although this technology is still recent, successful use cases can be found across all industries and allow businesses to create new opportunities or to streamline and simplify their current processes. However, companies must understand and manage the legal risks they are exposed to when they use AI systems in their activities. This may be challenging as national legislations have not caught up yet with this new technology and may be tempted to adopt different regulatory approaches, complexifying the international legal landscape companies will have to navigate.

In this article, we will provide a short overview of the EU and Swiss regulatory legal landscape on the use of AI systems as well as of the other common legal risks that arise from their use (intellectual property, data protection, contractual liabilities).

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Posted on 9/02/2024 | 0 Comments

12th Package of EU Sanctions against Russia – Here’s what you need to know

The 12th package of EU-Russia sanctions, adopted on 18 December 2023, adds comprehensive new measures to the existing Russia sanctions regime. Notably, these sanctions include an import prohibition on diamonds sourced from Russia, and the obligation for EU exporters of sensitive goods and technology to contractually prohibit re-exports to Russia. Additionally, a considerable number of new individuals were listed, alongside 29 additional entities restricted for their direct support to Russia’s military and related industries involved in the conflict in Ukraine. New enforcement and anti-circumvention measures have been introduced, with tighter compliance rules aimed at aiding the implementation of the price cap on crude oil and petroleum products and restricting the provision of crypto asset management services. It should also be noted that Switzerland has been designated as a partner country concerning measures related to iron and steel. Here’s what you need to know:

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Posted on 15/01/2024 | 0 Comments

CBAM: are you ready to comply?

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1. What is CBAM?
The Carbon Border Adjustment Mechanism (CBAM) is a regulation pushed by the EU in the context of the EU Green Deal.
Under CBAM, Importers into the EU must pay a financial adjustment for the emissions released during the production of certain carbon-intensive goods in third countries.
The goal of the legislation is to mitigate the risk of carbon leakage and ensure the effectiveness of EU climate measures.

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Posted on 4/10/2023 | 0 Comments

Revised Swiss Data Protection Law: Missed 1st September deadline? Set your company on the compliance path

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As of September 1st, 2023, the entry into force of the revised Swiss Data Protection Act (hereafter “nFADP”), requires Swiss companies to immediately be compliant and strengthen data protection obligations.

If you suspect your business is behind on its data protection compliance responsibilities, rest assured, it is not (yet!) too late. Whether your company is a beginner when it comes to data protection or already has a solid foundation in place, this high-level roadmap will help you conduct your business in compliance with the nFADP. In addition, if you would like to know more about the main changes introduced by the nFADP, please check our latest article on this subject.

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Posted on 15/09/2023 | 0 Comments

A guide to pre-insolvency and insolvency proceedings across Europe

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The events in the last few years have had significant and lasting impacts on business in general and restructuring in particular, with the latter referring to the various options available for firms experiencing difficulties. European economies, hit by both the upheavals caused by the health crisis and geopolitical tensions, have also been affected by the various support policies adopted by governments.

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Posted on 20/07/2023 | 0 Comments

Adobe Acrobat Sign and Deloitte Legal Services

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Adobe Acrobat Sign is a document cloud solution that helps organisations deliver end-to-end digital document experiences with trusted, legal electronic signatures. Deloitte is a strategic global Alliance Partner to Adobe, with over 25 years of experience working with Adobe as a customer, supplier and partner, and a long history of collaboration on product strategy and direction.

Deloitte Legal and Adobe have formed a strategic alliance to support clients in the roll-out and adoption of Adobe Acrobat Sign – both locally and globally. Adobe provides the technology and strategic implementation for clients and Deloitte Legal can help you develop an internal environment that is ready and able to adopt e-signature solutions, and provide technology to give structured advice on valid and enforceable electronic signature methods, for both single and multi-jurisdictional arrangements.

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Posted on 20/06/2023 | 0 Comments

European Commission to Introduce Corruption Sanctions

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Corruption sanctions are the new political weapon of the EU to thwart kleptocratic behaviour and illicit money flows globally. The continuing trend towards values-based sanctions, such as corruption sanctions, shows a strong inclination on the part of like-minded governments to pursue an interconnected due diligence approach. Ursula von der Leyen, President of the European Commission, announced that the EC will prioritise defending European values abroad by introducing corruption sanctions. This calls for European companies, including Swiss ones, to ensure that their Sanctioned Party List (SPL) screening and Business Partner Due Diligence (BPDD) set-ups are up to date, interdisciplinary, complete, and reliable. Companies may have to rethink their country risk ratings.

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Posted on 21/11/2022 | 0 Comments

Join our Sanctions event on 8 December 16:30 on sanction enforcements and trends

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Sanctions are more than just a trend and sanction compliance is now a new reality for Swiss businesses. While authorities and businesses in the US and the EU have gained experience on these topics over the last decades, the Swiss market has only recently started adapting to the ever-changing geo-political and sanction landscape.

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Posted on 17/11/2022 | 0 Comments

The New Swiss Data Protection law: are you ready for September 1, 2023?

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During its autumn 2020 session the Swiss Parliament adopted the new Act on Federal Data Protection (hereafter "nFADP"). It represents a complete overhaul of data protection legislation, necessary because there has been significant technological change in recent decades. It was also necessary to align with European legislation.

The nFADP and its ordinances (Ordinance on Data protection (hereafter "OPDo") and Data Protection Certifications (hereafter "OCPD")), will come into force on 1st September 2023 and will replace the current FADP of 1992.

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Posted on 18/10/2022 | 0 Comments