Keivan Mohasseb

Two recent criminal cases from Geneva and Zurich show that enforcement of the new Data Protection Act in Switzerland is becoming stricter, and that breaches of the Act’s data protection requirements may also result in criminal sanctions. Whilst the Geneva High Court clarified the limits of criminal liability for data security breaches in its judgement ACPR/239/2025 of 26 March, the Zurich City Magistrates’ Court, in penalty order No. 2023-066-252 of 10 June 2024 – as far as can be ascertained, for the first time – a fine for failing to provide sufficient information. The decisions demonstrate that the criminal law provisions of the DSG can indeed be highly relevant in practice.

The article by Hans Caspar von der Crone and Keivan Mohasseb analyses the current status of the revision of company law following the Council of States’ deliberations in June 2019 and highlights the key political and legal directions of the reform project. Drawing on ten key topics – including the capital band, general meetings held abroad, statutory arbitration clauses, remuneration rules and loyalty shares – the authors highlight the main differences between the National Council and the Council of States. The analysis combines an overview of the parliamentary decisions with a critical assessment of their practical implications. The article thus provides a concise guide to the key developments in Swiss company law at that time.

The article by Keivan Mohasseb and Hans Caspar von der Crone analyses a ruling by the Federal Supreme Court on the question: Can rights of configuration, once exercised, be revoked retrospectively? Taking as their starting point a dispute over the delayed completion of a flat under condominium ownership, the authors examine the legal principles underpinning rights of configuration and the scope of the principle of their irrevocability. The article highlights the conditions under which a switch between different legal remedies may nevertheless be permissible, and places the Federal Supreme Court’s reasoning within the general context of contract law.

This article analyses a judgement by the Zurich Commercial Court concerning the judicial enforcement of minority shareholders’ right to information under company law. It focuses on the conditions, limitations and procedures for the provision of information, as well as its enforcement through legal action under Article 697 of the Swiss Code of Obligations (OR). Keivan Mohasseb and Hans Caspar von der Crone contextualise the decision within the framework of current company law whilst also highlighting the implications of the then-imminent revision of company law. The article thus provides valuable guidance for practitioners navigating the tension between shareholders’ interests in information and the company’s interests in confidentiality.

Although it is likely to be some time yet before fully autonomous vehicles become a common sight on our roads, automated and ultimately autonomous driving has the potential to fundamentally revolutionise mobility. In addition to the remaining technological challenges on the path to full automation, a host of questions arise not only from a liability law perspective but also, in particular, from a data protection perspective.