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A dynamic presence in the market – Walder Wyss is one of the most successful Swiss commercial law firms. We specialize in corporate and commercial law…
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Walder Wyss Ltd | Switzerland | 17 Sep 2021

FDPIC recognises new EU SCCs subject to certain modifications and amendments

As expected, the Federal Data Protection and Information Commissioner has recognised that the standard contractual clauses adopted by the European Commission provide for an adequate level of data protection under Swiss data protection law in case of data transfers – provided, however, that certain modifications and additions are made to these clauses to be compliant with Swiss data protection......
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Walder Wyss Ltd | Switzerland | 16 Jul 2021

Data Protection Ordinance pre-draft specifies private entity obligations under revised data protection law

The pre-draft of the revised Federal Data Protection Ordinance (rev-DPO) specifies and complements the provisions of the revised Federal Data Protection Act (rev-DPA). Companies that are currently reviewing and adapting their data processing activities to the rev-DPA are recommended to take into account the pre-draft of the rev-DPO.
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Walder Wyss Ltd | 2 Jul 2021

Entry into force of second part of DLT Act and its associated ordinance on 1 August 2021

The Federal Act on the Adaptation of Federal Law to Developments in Distributed Electronic Register Technology (DLTA) is soon due to take effect. The partial entry into force of the DLTA earlier in 2021 has already provided welcome legal clarifications for market actors in this sector. With the full entry into force of the DLTA and the entry into force of the associated ordinance, Switzerland......
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Walder Wyss Ltd | Switzerland | 11 Jun 2021

Abolition of issuance stamp duty to further boost Swiss economy

In Switzerland, 1% issuance stamp duty is levied on capital contributions from shareholders to Swiss companies. This stamp duty is curbing capital injections as these costs induce shareholders to finance Swiss companies through shareholder loans. Such a financing strategy turns out to be especially harmful in an economic crisis. Against this backdrop, the Council of States of Parliament......
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Walder Wyss Ltd | Switzerland | 4 Jun 2021

Providers of OTT services qualify as DCSPs

The Federal Supreme Court recently confirmed a lower-instance court's decision that over-the-top service providers do not qualify as telecoms providers but rather as derived communications service providers under the Federal Act on the Surveillance of Post and Telecoms and its ordinances. This decision provides a welcome clarification of the telecoms surveillance legislation.
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Walder Wyss Ltd | Brazil, Switzerland | 14 May 2021

First Swiss-Brazilian DTA to become reality in 2022

The first double taxation agreement (DTA) between Switzerland and Brazil will apply as of 1 January 2022. Brazil is already Switzerland's most important trading partner in Latin America, while Switzerland is the sixth largest investor in Brazil. The DTA will further enhance Switzerland's attractiveness for Latin American investments and provide investors with legal certainty in tax matters.
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Walder Wyss Ltd | Switzerland, USA | 23 Apr 2021

Are Swiss crypto companies subject to FATCA and the automatic exchange of information?

Due to the recent increase in the use of innovative financial products, the Common Reporting Standard (CRS) will be expanded in 2021 to cover cryptoassets and virtual currencies. However, until there is formal guidance in this regard, the question remains as to whether and to what extent the US Foreign Account Tax Compliance Act and the CRS apply to cryptoassets and virtual currencies and......
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Walder Wyss Ltd | Switzerland | 9 Apr 2021

Parliament adopts Information Security Act

Parliament recently approved a new Information Security Act (ISA), almost 10 years after proceedings were initiated. The ISA defines the minimum requirements that all federal authorities must fulfil to protect their information and IT infrastructure. Its approval is a welcome milestone which represents the conclusion of a long parliamentary process and will re-establish information security......
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Walder Wyss Ltd | Switzerland | 12 Feb 2021

New capital band: greater flexibility in capitalisation of Swiss companies and necessary changes to tax law

One of the welcome measures of the Swiss corporate law reform is the so-called 'capital band', which provides companies with more flexibility regarding changes to their capital structure. Since Swiss-listed companies could have used the capital band in an abusive manner to generate tax advantages for certain types of shareholder, the respective tax legislation had to be adapted. All Swiss......
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Walder Wyss Ltd | Switzerland | 29 Jan 2021

Digital transformation: new cloud strategy and Swiss Cloud initiative

The Federal Council recently approved the cloud strategy for the federal administration which, among other things, provides for the further use of public cloud services as a strategic extension of existing IT-sourcing options for the federal administration. On the same day, it published the latest report on the Swiss Cloud – a related initiative to examine whether Switzerland should strive......
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