US data protection under pressure: Is the Data Privacy Framework on shaky ground?
The Swiss Federal Constitution states that the freedom of art is guaranteed. However, this does not mean that it operates in a legal vacuum, even if it may often feel that way. Artists and fashion companies, for example, must observe intellectual property, competition law, cultural property and data protection laws. Those who are unfamiliar with these issues can often find themselves on thin ice.
Registering a trademark or design is a basic requirement for protecting your intellectual property. Many mistakes can be made in the very formal application procedures. We find the right strategies, take care of the applications and accompany you through the rest of the process.
We have decades of experience in the defence of intellectual property rights. We enforce claims for our clients in the event of infringement of trade mark and other intellectual property rights.
Many agreements in the creative industry are made more informally than in other business areas. We help to regulate contractual relationships in a clear and legally compliant manner – from the model release to the general terms and conditions.
If you want to commercialise intellectual property rights, there is no getting around cooperation with third parties. We advise and support you when IP rights are to be transferred or licenced. We look for the best utilisation options for you.
Artists and fashion designers have to observe extensive compliance regulations, from textile labelling and supply chain tracking to money laundering. We help you keep an overview.
If you are not taking care of your trade marks, you are weakening yourself. The registration of similar or identical trade marks by third parties dilutes your own trade mark rights. Regular monitoring of the registers counteracts this. In most cases, collisions can be easily avoided. We offer monitoring services.
Founding a company without first searching for relevant prior rights of third parties can have unpleasant consequences. There is a risk of losing all your investment in brand development. We search for prior rights and carry out risk analyses – even before registration.
Artists must respect the personal rights of others. This includes the right to one’s own image and the FADP. Data protection regulations must also be observed when processing contracts.
We prepare legal opinions on all issues relating to intellectual property, competition law, distribution law and examine business concepts for feasibility.
Smartwatches have long been part of everyday life in the office. Smart glasses now represent a new generation of wearables that carry cameras, microphones and AI functions directly on the body. This creates new risks for organisations: confidential conversations can be recorded, people can be filmed without their knowledge, and data can be transferred to external clouds. The FDPIC warns of the data protection risks posed by wearables. Organisations should therefore check whether their existing data protection and IT policies are still adequate.
Swiss companies want to finally move artificial intelligence (AI) beyond the pilot phase. Yet, when it comes to scaling up, of all things, data protection, cloud contracts, copyright, employee data and the EU AI Act quickly become stumbling blocks. The good news is that companies do not have to wait for the announced amendments to Swiss legislation. Those who translate the existing rules into a functioning AI governance framework today can combine innovation with legal certainty.
At the 45th RDV Forum, Dr Martin Schirmbacher and Dr Hubertus von Roenne will discuss how the AI Regulation and the Data Act are changing the role of data protection officers. The forum marks the start of the 50th DAFTA in 2026.
The new EU Packaging Regulation (PPWR) will, in principle, come into force on 12 August 2026 – and its scope extends beyond the Swiss border. Anyone supplying packaged products from Switzerland to the EU or selling directly to EU customers must comply with new requirements regarding packaging design, recyclability, documentation and producer responsibility. Online retailers, in particular, face additional obligations. Anyone who only begins to review their packaging and bring it into line with the new requirements in 2030 is therefore likely to be too late.
At the BvD Autumn Conference 2026, Dr Martin Schirmbacher will speak about the data access rights set out in the Data Act, potential conflicts with the GDPR, and the implications for data protection consultancy.
Newsletters, text message discounts and event invitations are indispensable marketing tools for many businesses. However, any business that continues to send marketing messages to customers despite them having unsubscribed, or ignores requests to have their data deleted, risks more than just upsetting recipients. A new EDÖB ruling makes it clear: Opt-out means opt-out — and data protection in marketing must be technically effective. The ruling also makes it clear that it is not merely a question of whether companies correctly formulate their marketing policies on paper. Objections and requests for deletion must actually be implemented across all systems and communication channels.
At the 8th Symposium on Freedom of Information, Prof. Niko Härting presented the German Bar Association’s proposals for reforming the Freedom of Information Act. The key points of his keynote speech have now been published in the conference proceedings.
In future, anyone organising concerts in Switzerland should have a clearer understanding of to whom copyright royalties are to be paid. A parliamentary initiative aims to significantly restrict direct licensing for concerts, thereby safeguarding the collective management system operated by SUISA. For organisers, musicians, agencies and festivals, this is about far more than just administration. It is about legal certainty, predictable costs and the question of how music creators can be fairly remunerated in an increasingly fragmented market.
What compensation are data owners entitled to claim if they are required to disclose data from connected products to third parties? Dr Martin Schirmbacher explains the requirements set out in the Data Act regarding fair, reasonable and non-discriminatory contractual terms.
Quantum computers are often still regarded as a thing of the future. However, FINMA makes it clear that the associated cyber risks must already be incorporated into the risk management of supervised institutions. With its new guidance, the supervisory authority expects banks, insurance companies and other financial market participants to strategically plan the transition to quantum-secure encryption methods. Those who wait until powerful quantum computers are available before taking action may already be too late.
Episode 55 of the sports law podcast “Liebling Bosman” focuses on ticket allocation for the 2026 FIFA World Cup and the employment law implications of taking on a secondary role in the Baller League. Fabian Reinholz, Robert Golz and Dr Holger Jakob discuss the complaint lodged by Football Supporters Europe and Euroconsumers against FIFA regarding the allocation and pricing of World Cup tickets. In an interview, FSE Director Stuart Dykes explains the background to the issue and the potential rights of football fans. The hosts also examine a court ruling on the conditions under which a head coach’s role in the Baller League could justify dismissal.