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THOUVENIN rechtsanwälte is an innovative and partner-centered law firm with more than three decades of experience in business law. As lawyers and…
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Thouvenin Rechtsanwälte | Switzerland | 12 Sep 2017

Upcoming revisions in telecoms sector

The telecoms sector is on the move, with numerous revisions being made to upcoming legislation. The first to enter into force is the revision of the Intelligence and Security Act, followed by the revision of the Lawful Interception Act. The other revisions have yet to reach Parliament. The pending revisions request that providers remain alert and continually adapt their processes in order to......
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Thouvenin Rechtsanwälte | Switzerland | 10 Jan 2017

Facebook Switzerland not obliged to provide prosecutor with data

According to the latest decisions of the Federal Supreme Court, Facebook Switzerland Sàrl does not have to provide the prosecutor of the Canton of Vaud with user or content data because the data is processed by Facebook Ireland Ltd. The court reviewed whether Facebook Switzerland had to provide the requested data based on the Criminal Procedure Code and concluded that only persons or entities......
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Thouvenin Rechtsanwälte | Switzerland | 19 Apr 2016

Internet service providers' liability remains unclear

Internet service providers' liability for storing and enabling access to copyright-infringing content is not regulated by Swiss statutory law. This creates uncertainties for internet service providers regarding their liability should their users access or make available copyright-infringing content. Likewise, copyright owners face difficulties when seeking redress for infringement.
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Thouvenin Rechtsanwälte | Switzerland | 27 Jan 2016

Federal Supreme Court approves termination of potential whistleblower

The Federal Supreme Court recently ruled that there were sufficient grounds to justify the termination of a security guard's employment due to security concerns. The employee's criminal record and the results of an interview in which the employee had said that he would consider going public about the plant's security led the court to consider the employee to be a security risk, justifying......
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Thouvenin Rechtsanwälte | Switzerland | 9 Sep 2015

New working time record regulations in sight

After receiving approval from Switzerland's major employer associations and unions, the federal government will decide whether to implement the proposed changes to the Labour Act 1964.The new regulations foresee that senior managers with substantive working-time autonomy may be exempt from existing time record-keeping requirements.
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Thouvenin Rechtsanwälte | Switzerland | 30 Jun 2015

Two Federal Supreme Court decisions concerning Facebook posts

Two recent Federal Supreme Court decisions dealt with inflammatory comments posted on Facebook profiles. In one case dealing with anti-Semitic statements posted under a pseudonym, the prosecutor requested that Facebook provide the registration data and IP history of the concerned profiles. The court found that the Swiss prosecutor was entitled to request and receive data, but only with the......
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Thouvenin Rechtsanwälte | Switzerland | 3 Jun 2015

Federal Supreme Court strengthens unfair dismissal protection for older workers

The Federal Supreme Court has reconfirmed that older employers nearing pension age should enjoy increased protection under employment law against unfair dismissal. It cannot be excluded that employment courts might further relax the standards in defining unfair dismissal for older workers, in particular by granting protection to employees who have worked for the same employer for more than 10......
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Thouvenin Rechtsanwälte | Switzerland | 13 May 2015

Public short-time work benefit regime extended

The Swiss Secretariat for Economic Affairs recently announced that the most recent strengthening of the Swiss franc against other major currencies allows businesses to apply for public short-time work benefits. Companies can agree with all or a number of their employees on a reduction of work time and the applicable compensation following these recent currency fluctuations.
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Thouvenin Rechtsanwälte | Switzerland | 4 Feb 2015

Salary reductions for cross-border workers may discriminate

The Swiss Central Bank recently lifted its currency ceiling of Sfr1.20 per €1. Businesses employing large numbers of cross-border workers must now plan to compensate employees in euros. This has raised interest in a 2012 decision, which stated that a salary reduction in light of the Swiss franc appreciating against the euro for cross-border workers violated the EU-Swiss Treaty on Free......
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Thouvenin Rechtsanwälte | Switzerland | 3 Feb 2015

Legal aspects of cloud computing

Cloud computing involves the hosting of customer data on a server outside the customer's premises. When cloud computing is used for business-critical applications or when critical or sensitive data is hosted in the cloud, it is vital that detailed cloud computing agreements be entered into with the provider, addressing, in particular, data access, data security, data availability, disaster......
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