AI turns images into adverts: what companies are and aren’t allowed to do
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.
Data protection requirements are constantly evolving. This commentary on the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) offers practical and well-founded guidance on how to deal with the complex requirements of data protection law. The 4th edition (2026) takes account of the latest legislative developments, particularly in relation to digital services, artificial intelligence and the European Health Data Space. The latest case law, particularly that of the Court of Justice of the European Union (CJEU), as well as recent statements from data protection supervisory authorities, have also been incorporated into the commentary. The commentary combines academic rigour with practical solutions, thereby offering valuable guidance on the legally compliant processing of personal data in businesses, public authorities and legal practice. The contributors also include Sebastian Schulz and Erik Petersen of HÄRTING, who, in the 4th edition, have for the first time taken on the commentary on Article 9 of the GDPR concerning the processing of special categories of personal data.
Endless scrolling, personalised adverts, contact requests from strangers: protecting young people on social media involves more than just problematic content. The Federal Council intends to amend the proposed Swiss Platform Act (KomPG) to include obligations to protect minors. The focus is on the risks posed by these services and a ban on targeted advertising. To what extent will platforms have to alter their services to comply? We set the record straight.
Swiss company law protects minority shareholders by granting them rights to information, inspection and subscription. But how far does this protection extend in court? In its judgements 4A_144/2026 of 29 June 2026 and 4A_115/2026 of 21 July 2026, the Federal Supreme Court dealt with cases involving the refusal to grant access to business documents and disputed capital increases. Both cases demonstrate that even those with substantial shareholdings may face legal and procedural obstacles when seeking to enforce their shareholder rights.
Checklists and overviews on the implementation of NIS 2.
An AI policy alone does not constitute governance. It is crucial that organisations know which AI systems are being used, who decides on their deployment, which risks are accepted, and how procurement, operation, monitoring and escalation are embedded within the organisation. The training course provides a practical governance model for organisations wishing to scale AI in a controlled manner.
Artificial intelligence is often put to productive use within organisations more quickly than legal, contractual and organisational safeguards can be put in place. This training course demonstrates how specific AI use cases can be structured, assessed on a risk-based basis, approved and monitored from the initial idea through to live operation – with a focus on Swiss law and relevant EU considerations.
Switzerland intends to fundamentally overhaul its cyber regulation. A standalone cyber security law is set to cover manufacturers of digital products as well as operators of critical infrastructure, hosting providers and cloud service providers. For businesses, this is not just a matter of new IT security requirements: product development, management, legal and compliance functions are also likely to be affected. This may provide greater clarity – but at the same time risks creating new overlaps. The key factor will be whether the legislator succeeds in reconciling European standards, effective cyber security and workable compliance.