Privacy Talk | The New Swiss Data Protection Act
In this week’s edition, we discuss the Swiss Government’s rejection of a landmark ruling that the country had violated the human rights of a group of its citizens by failing to take adequate action on climate change; a report...more
The November U.S. Presidential electoral campaign is in full swing. Since President Joe Biden ended his reelection bid and Vice President Kamala Harris secured the Democratic Party nomination, polls now show a tight race...more
U.S. lawyers seeking to depose a witness residing in Switzerland for purposes of litigation in the U.S. often seek advice on how to properly do so as a matter of Swiss law and in accordance with the Hague Convention on the...more
The Swiss-U.S. Data Privacy Framework (Swiss-U.S. Framework) took a significant step to becoming operational this week, when Switzerland officially added the United States to its list of countries that provide “adequate...more
The Swiss Federal Council has added the U.S. to the list of countries with an adequate level of data protection. Effective September 15, 2024, U.S. organizations that certify to the Swiss–U.S. Data Privacy Framework (DPF) can...more
I recently traveled to Amsterdam to participate in an expert seminar on European cannabis and drug policy. The seminar covered various topics, including a thought experiment on where European Union (EU) cannabis reform was...more
The United States and Switzerland jointly announced the conversion of the intergovernmental agreement (“IGA”) from a “Model 2” to “Model 1” agreement. The new IGA will come into effect January 1, 2027, allowing time for...more
Laws/Regulations directly regulating AI (the “AI Regulations”) - Currently, there are no specific laws, statutory rules, or regulations in Switzerland that directly regulate AI. AI in Switzerland is currently subject to...more
A precise definition of business services was recently at the core of a dispute between the Israel Tax Authority and eBay Marketplace Israel Ltd., a subsidiary of the multinational eBay Group. The district court litigated...more
On April 9, 2024, the Grand Chamber of the European Court of Human Rights (the “Court) handed down its unappealable judgment in a landmark climate case. Although directed at the Swiss government, the judgment extends to all...more
El CDI con Reino Unido no activó cláusula de nación más favorecida de los CDI con España, Suiza y Chile para servicios técnicos, de asistencia técnica y consultoría En Sentencia con Radicado 25411 del 4 de abril de 2024,...more
Today, the European Court of Human Rights issued a decision holding that Switzerland violated the human rights of its citizens by failing to adequately protect them from climate change. Specifically, the Court held that...more
As of 1 January 2024, imports of industrial goods into Switzerland are exempt from customs duties. Together with other tariff simplification measures, this is expected to result in yearly customs savings for importers of over...more
The U.K. Government has signed the Berne Financial Services Agreement with Switzerland, confirming mutual recognition of aspects of the financial services regulatory and supervisory regimes in each jurisdiction. The Agreement...more
While the cannabis industry in the United States awaits a marijuana scheduling decision from the Drug Enforcement Agency (DEA), many countries around the world continue to move forward with liberalizing their cannabis...more
Swiss Banks Launch Tokenization Pilot, Crypto Custody and Trading Services - A recent press release announced a pilot by “SIX, the Swiss National Bank (SNB) and six commercial banks” that seeks “to test, in a live...more
Recently, the United States Court of Appeals for the Fourth Circuit considered whether “gruyere” cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to...more
As macroeconomic forces and geopolitical dynamics continue to shape the M&A and investment climate globally, health and life sciences transactions continue to remain high priority sectors presenting both high growth and...more
In a world where country borders can be unstable and we increasingly witness aspirations to split or annex territory, foreign direct investment faces a growing risk. In a recent dispute, the Swiss Supreme Court (“SSC”)...more
The new Swiss Federal Act on Data Protection, known by the acronym “nFADP,” took effect on September 1. The law was enacted by the Swiss parliament in 2020. The law introduces new rights for Swiss citizens, but also...more
On the 16th of August, Switzerland adopted new measures against Russia, following the EU's 11th sanctions package. Switzerland extends the scope of existing sanctions, for example extending export bans to cover the transfer...more
On June 18, 2023 Swiss citizens voted in favor of a new climate law intended to promote carbon neutrality by 2050. The Federal Act on Climate Protection Targets, Innovation and Strengthening Energy Security, known as the...more
The new framework provides an additional route for personal data transfers from the EEA to the US. On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US...more
Summary - On July 10, 2023, the European Commission issued an adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF” or “DPF”). The decision concludes that the U.S. ensures an adequate level of protection...more
On July 10, 2023, the European Commission adopted an adequacy decision for the new EU-US Data Privacy Framework (“DPF”), the revamped transatlantic framework designed to support transfers of personal data from the EU to...more