Digitalisation is the big topic – and rightly so. It brings about fundamental changes in the economies of entire countries. Every sector is affected, and it is raising new legal and technical issues which companies have to deal with – even those which to date had nothing to do with technology.

Furthermore, new types of business models are emerging, bringing new legal challenges with them. As lawyers, we have specialised in technically oriented projects and issues from a very early stage and have continued to develop our competencies in this field over the years. From experience, we know that the actual technical set-up and configuration is crucial to the solution of a perceived legal problem.

We support digitalisation projects in a comprehensive manner to ensure that you do not miss out on any opportunities or set-up and configuration options, and to avoid incurring unnecessary costs.

Digitalisation is neither a static process for businesses nor a transition concluded at some point sooner or later. What may be thought of as revolutionary today will probably already be superseded and outdated tomorrow. And new technologies are continuously producing new standards and application scenarios. Just keeping pace with digitalisation is not sufficient for us – we think in terms of digitalisation and drive it forward. That way we are prepared and ready for the day that you get in touch with us.

Cloud computing is one of the main pillars of digitalisation, and one which unleashes previously unimaginable potential. Many businesses, however, still question the legal qualification and feasibility of Cloud solutions.

We have a great deal of experience in Cloud computing. Based on this, we had the impression that clients often see more legal restrictions and hurdles than there really are. The general principle is that you have to be able to control what you do – and you can only control what you understand.

Our main concern is to understand the technical aspects of Cloud solutions to such an extent that we are able to make a detailed legal assessment – and thus enable you to leverage the full potential of the Cloud to your benefit.

We provide legal advice both to providers and to users of Cloud services. We support providers in drafting the relevant legal documentation (in particular contracts, security documentation and data protection terms and policies) for each target group. We offer users of Cloud services comprehensive advice, from acquiring simple but strategically crucial software-as-a-service features right through to complex Cloud migrations of entire IT and application environments. Even in highly regulated industries we have recently been able to shape pioneering Cloud migration projects for the benefit of clients.

The “Internet of Sensors” is increasingly making its way into the outer layers of industrial processes, long after having reached all of us as consumers. The future is wide open – and so is the number of legal questions that may arise.

A world penetrated by networks is increasingly connecting stakeholders with different interests, and it may also pose a network of risks. Frequently, this also means that a number of complex legal and possibly in future even more regulatory questions will arise and be it in connection with what appear to be trivial “e-cosystems”. Such questions range from the legally compliant handling of data collected in the field to product and cybersecurity to risk allocation and questions of liability.

From our perspective, the following basic principle applies to the IoT as well: The best possible control of the risks that arise requires a really good understanding of what one actually intends to do. Among other things, our particular strength lies in penetrating and understanding complex technical issues – which, in our view, is also an essential condition for ultimately being able to sensibly and comprehensively classify an issue in legal terms.

From a client perspective, outsourcing is the transfer of an internal business function or process to a third party. Seen from the service-provider’s point of view, outsourcing means the ongoing provision of specific and usually specialised services to third parties. The expectation of clients is that after the outsourcing they are able to continue their business with the least possible impact.

We are familiar with both sides of the coin. After many years of acting as consultants for providers, we have in-depth knowledge of the range of concerns and problems they regularly face. We also have a great deal of experience on the client side as well and have a very good idea of the main points of concern from this perspective. This notably includes regulatory issues, too. We advise on and support outsourcing projects of all types and sizes, and throughout all phases and stages. Outsourcing projects in the financial and insurance industry are among our specialities.

Our focus is not on finding solutions to abstract or purely theoretical problems. Our main concern is to find simple and practical solutions to ensure that the outsourcing is successfully implemented and operated in a sustainable manner. This is where we become active, this is what we are working for.

An outsourcing relationship in the IT sector usually is a very strategically oriented undertaking (involving optimisation of business processes, improving innovation capacity, increasing productivity, reacting quickly to changes in the market, time-to-market, etc.). A mutual dependency is created between the outsourcing-provider and the client as the recipient of services. To ensure that such a type of relationship is successful in the longterm, both parties need to be strategically positioned from the outset and are encouraged to define their respective goals. A good outsourcing contract should ideally be self-explanatory (and intelligible in the eyes of those who are to utilise it at some distant point in the future), working like a cook book (with instructions for everyday processes) and at the same time adequately addressing and minimising risks. In short: it has to work. Ideally, the parties will only consult the overall contract sporadically – but when they do so, they should come to identical conclusions as far as this is reasonably possible. A modular structure may further increase the practical usability of such a contract.

Sustainable sourcing in a technological environment requires targeted management of requirements – this also includes contractual, regulatory and other legal issues with regard to the project in question.

Actually, the issues that emerge in the procurement of technology services are not so different from problems that might arise when you relocate your home. Where are we moving to? What items shall we take with us? Are there things we no longer need? Do we need new stuff? Are there items we are not allowed to take with us? Which contracts need to be cancelled? And who is in charge of the move anyway?

We have project experience on both the client and the provider side, and can offer you comprehensive legal support for the entire life cycle.

Our consultancy services may start as early as the project planning phase and the analysis of all requirements, where we not only cover legal but also strategic questions regarding the procurement and implementation of technology. We will also support you throughout Request For Proposal processes and evaluate the offers submitted from a legal perspective. We will help you draft and negotiate all project-relevant contracts, advise you on the project process and methods you have opted for (e.g. in relation to agile methods) and also handle the legal issues that may arise during implementation (disruptions in services and other quality issues, warranty cases, change management, contract modifications, etc.). Last but not least, with our wide-ranging expertise we also advise on specific aspects that may become relevant towards the end of the life cycle, such as questions around contract termination and transition to new solutions. If every thing seems to be going in the wrong direction and your project is in distress, we will of course be more than happy to offer support and give you the benefit of our many years of litigation experience in the field of technology.

We come across data-processing software throughout our everyday office processes, when we drive a car, and of course in our behaviour as consumers. Data is collected and processed in the context of nearly all aspects of our everyday life – which results in a whole array of legal issues.

Information law (often called data law) is the common denominator in all our activities. The flow of information, access to information and how it is exploited are the crucial issues information law is dealing with. The general principles of information law are governed by a whole range of widely spread and very specific codifications and legal provisions, which deal with aspects like personal data (the Swiss Federal Data Protection Act and the EU General Data Protection Regulation), intellectual property (copyright) law, antitrust and competition law or rules governing the handling of information in a governmental context. The overall view on information law is very similar to the picture you see when looking through a kaleidoscope: tiny pieces with various shapes and colours come together to display a larger picture.

Increasing numbers of data laws or isolated provisions in codifications that are not primarily dealing with information and the growing sensibility in terms of data governance seem to create increasing levels of uncertainty. But not for us – we have sharpened our angle and focus on exactly these aspects, which helps us solve issues related to information law quickly and to the point. We will be ready for your call, whenever it comes.

We are not limiting ourselves to just thinking in the box. We provide rational advice that is pragmatic and free of any unnecessary formalism. We stand for solutions that work.

High-level legal advice that really adds value often goes beyond merely dealing with legal issues – it requires a holistic view on commercial and strategic concerns as well.

Legal questions regularly emerge at the very origin of a specific problem but normally represent only one aspect of the overall solution. Commercial aspects and business strategy issues are equally important when it comes to understanding the big picture.

We prefer to work at the interface between IT, the sourcing or sales organisation, business management and legal. This is where we are able to help with our expertise and experience in a direct, efficient and highly committed way.

We act as external consultants who become an integral part of the processes and structures of your business without losing our objective stance. Many years of experience with working as in-house counsel for large companies provide us with an in-depth understanding of the various networks and interconnections within a corporate ecosystem. This may be very helpful to you.

Blockchain, crowd, sharing economy platforms… more and more new technologies are entering the market at an ever-increasing pace.

“New technologies” could more accurately be described as new concepts for the information society. Depending on the nature of such new concepts, the impact on the different sectors of our economy may vary. Blockchains in the financial industry for instance may create a fully different set and depth of legal issues than, for example, in the tourism industry. Other technology such as sharing economy platforms may also require entirely different types of regulations.

What all of the “new technologies” have in common is that they are usually closely tied to their underlying IT platforms – more and more often, such technology is operated by decentralised service providers. Swiss authorities regularly adopt an observant strategy and try to lay focus on “technology-neutral regulation”. From a regulatory point of view this may make perfect sense, but it may lead to legal uncertainty for new technology and the business models based on such new technology.

Our speciality is to “envision” and approach new technologies from an IT point of view. This enables us to provide answers even before the legislator adopts a particular position.

To be more specific, we can offer you legal advice and support, for example, when drafting terms of use for a new technology (outbound) or setting up the necessary IT infrastructures (inbound). For technical and other questions beyond our core expertise, we will – with your approval – involve other consultants from our network should you require comprehensive support from a single source.

New technologies and digitalisation offer opportunities to develop new innovative business models. In any case, innovative companies and creative individuals need a solid basis for implementation. Without a functioning backend, the frontend is mere shiny design.

We are lawyers with a great passion for technology. As such, we are ideally placed to provide legal support for the implementation of innovative business models in the digital environment. We can help you overcome regulatory hurdles as well as create the appropriate corporate law fundamentals.

Specifically, we provide legal advice and support to companies of all shapes and sizes on “digital ventures”. This includes company formations (start-ups), joint ventures, partnership agreements and all other necessary contracts. For smaller businesses (such as online shops, IT consultants or software development agencies) we offer standard start-up packages. These include company foundation and the basic set of agreements.

For specialist matters beyond our core expertise, we also involve other advisors in certain cases. This is done always upon consultation with you. In this way, we can provide you with competent and comprehensive advice from a single source at all times.

Marketing is everything. And when it comes to software, market data, software-as-a-service and the Internet of Things, a suitable and well-balanced licensing and distribution model is key.

A licensing and distribution model should provide full support to the business case, which can either aim to reach a widespread impact or to maintain control and a certain exclusivity. Between these two extremes there are other concepts as well as hybrid models. The licensing and distribution concept should be carefully assessed and structured in a way that opportunities and scalability can be leveraged as much as possible.

We have experience in developing licensing and distribution models for a wide variety of industries. However, over the years, we have also been able to focus on specific fields.

We currently offer support and advice on licensing and distribution concepts with a particular focus on solutions for software, market data, software-as-a-service and the Internet of Things. We handle not only the drafting and negotiation of complex licensing contracts but also strive for a balanced overall model tailored to your individual needs.

LIC. IUR. / SENIOR ADVISOR

EXPERTISE Alexander Hofmann has many years of experience as an in-house counsel for IP and IT with a large international bank and also as a lawyer for copyright, media and general commercial and contract law. He is thus well versed in complex negotiation situations and knows the particular demands of the finance sector when it comes to outsourcing and cross-border cases in terms of data and banking secrecy. Alexander has a mind-set focused on long-term and sustainable solutions, not taking just the actual situation into account but also the overall requirements of the client’s company.

MAIN FIELDS His main fields are sourcing, digitalisation, cloud computing, IT/business consulting, outside inside counsel, data protection and law.

BACKGROUND Alexander studied law at the University of Zurich (with a year abroad at the University of Westminster, London). In 2015 he obtained a postgraduate certificate in Computer and Communications Law at Queen Mary University in London. He is licensed to practise law throughout Switzerland (and has been a lawyer since 2007).

LANGUAGES Alexander speaks German (native language) as well as fluent English and French at a conversational level.

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DR. IUR. / ACADEMIC ADVISOR

EXPERTISE Apollo Dauag conducts research in the field of data and technology law and is also active in our core area in both counselling and litigation. He supports and advises companies in the assessment and implementation of new technologies, especially about specific data law issues. Thanks to his research activities, he is early to spot and analyse new developments. As an Academic Advisor, he supports our clients in the creation of innovative and sustainable solutions. .

MAIN FIELDS Apollo specialises in data law, contract drafting and legislative projects. Apollo regularly publishes and lectures in his main areas of practice.

BACKGROUND Apollo studied law at the University of Basel (MLaw, 2011; Dr iur. 2021). He was admitted to the bar in Switzerland in 2013 and practices in Basel. In addition to his habilitation project, he is scientific director of the electronic Public Institutions and Administration Research Forum (e-PIAF) at the Faculty of Law of the University of Basel.

LANGUAGES Apollo speaks German and English.

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DR. IUR., LL.M. (STANFORD) / SENIOR ADVISOR

EXPERTISE Christian Laux has 20 years of experience with regard to technology-related legal issues, which he combines with a great passion for technical matters to create highly focused solutions for our clients. Christian lives and breathes digitalisation, which he promotes in Switzerland. He embraces new challenges and doesn’t shy away from controversial topics when he knows that the effort will pay out in the end.

MAIN FIELDS His main fields of practice are new technologies, Cloud, data protection and data law, IT and business consultancy, outside inside counsel and process management. Christian regularly publishes articles in various media outlets and makes presentations on all of his fields of expertise.

BACKGROUND Christian Laux studied law in Zurich, Paris and at Stanford University in California, as well as writing a doctorate thesis on the principles of writing contracts for copyright-protected content. He is licensed to practise law in Switzerland.

LANGUAGES Christian Laux speaks German (native language), is fluent in English and French, and speaks Russian at a conversational level.

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FRANZ BÖHMER / Graduate lawyer / Advisor

EXPERTISE  After graduating, Franz Böhmer gained a wide range of experience as a lawyer in renowned law firms in Germany and Switzerland. Due to his keen interest in information technology (e.g. blockchain, crypto, security tokens, fintech, web and app development) and his entrepreneurial flair, he is himself involved in various start-ups and therefore knows exactly what is important when advising innovative clients.

SPECIALISATIONS He specialises in ICT law, contract law, cloud and new technologies. Franz Böhmer also focuses on data protection and data law in the Swiss and European context and supports our clients in their operational business as an external DPO/data protection consultant

BACKGROUND Franz Böhmer studied law at the University of Bayreuth.

LANGUAGES He speaks German and Spanish (native languages), is fluent in English and has basic knowledge of French.

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DR. IUR., MBA, M.C.J. (NYU) / SENIOR ADVISOR

EXPERTISE Juerg Hess has over 30 years of experience which he puts to good effect when providing expert advice for LAUX LAWYERS AG. Of particular value to our clients is the comprehensive knowledge that he acquired as general counsel for IBM Switzerland. Juerg analyses situations quickly and uses his experience to get straight to the point, thinking in an agile yet pragmatic way to find a solution that works without getting tied down by the abstract, theoretical aspects of a problem.

MAIN FIELS His main fields are sourcing, outsourcing and cloud computing, IT and business consultancy.

BACKGROUND Juerg studied business management followed by law at the University of Zurich. He obtained a Master’s (M.C.J.) at the University of New York and wrote a doctoral thesis at University of Zurich. He is licensed to practise law throughout Switzerland (and has been a lawyer since 1981).

LANGUAGES Juerg speaks German (native language) as well as fluent English and French at a conversational level.

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M.A. IN LAW AND ECONOMICS / LEGAL ENGINEER, LEAD ICT

EXPERTISE Marc Feldmann has been working in the area where law, technology and business overlap for over 16 years, and has practical experience in a wide variety of areas. Having taken on roles as an (IT) project manager, product owner, consultant and managing director, the common denominator has always been innovation, new technologies and agile methods. This extensive experience enables Marc Feldmann to rapidly and profoundly identify with clients in various sectors, from start-ups to large companies, and to provide them with concise advice.

MAIN FIELDS Marc’s main focus is on digitalisation and new technologies. He develops digital products and manages the firm’s ICT infrastructure . Marc advises clients on the evaluation and implementation of digital and in particular legal tech projects, but also provides his legal expertise in the areas of ICT, copyright, data and media law.

BACKGROUND Marc Feldmann studied Law and Economics at the University of St.Gallen (HSG).

LANGUAGES Marc speaks fluent German (native language) English and French as well as Spanish at conversational level.

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LIC. IUR / SENIOR ADVISOR

EXPERTISE Before joining LAUX LAWYERS AG, Mark Schieweck worked as a senior intellectual property and technology legal counsel with a large international bank in Zurich for more than 14 years. Mark brings along extensive experience with regard to technology-related legal issues and contract negotiations in an international context and has a particular interest in cutting-edge technologies and their interface with law and economics. As a licensing model specialist, he makes it his duty to find tailored solutions which best support the business case in question.

MAIN FIELDS His main fields are licensing/distribution models, sourcing, new technologies, drafting and negotiating contracts and outside inside counsel.

BACKGROUND Mark studied law at the University of Basel. He is licensed to practise law throughout Switzerland (and has been a lawyer since 1998).

LANGUAGES Mark speaks German (native language) as well as fluent English and Dutch and also French and Italian at a conversational level.

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MLAW / JUNIOR ADVISOR

EXPERTISE Neva Yesim Muslu has extensive experience as a contract manager and project manager in the legal department of an international company in Zurich, where she managed various digitalisation projects. She furthermore assisted the legal department in several national and international legal disputes.

MAIN FIELDS Her main fields are sourcing, digitalisation, contract drafting and negotiation, data protection and data law, outside inside counsel as well as project management.

BACKGROUND Neva Yesim Muslu studied law at the Universities of Zurich and Lucerne. 

LANGUAGES Neva Yesim Muslu speaks German (native language), Turkish (native language), fluent English as well as Spanish and French at a conversational level.

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M.A. POLITICAL SCIENCE / SENIOR ADVISOR

EXPERTISE Paula Zimmermann has many years of experience in the field of data and technology law, both as in-house counsel and as a freelance lawyer. She supports and advises companies in the assessment and implementation of new technologies under specific (data protection) legal and regulatory requirements and has a distinctly attentive, pragmatic, service- and solution-orientated working style.

SPECIALISATIONS She specialises in data protection in the Swiss and European context, ICT law, contract law and regulatory developments, in particular ESG (Environment/Social/Governance).

BACKGROUND Paula Zimmermann studied law at the University of Heidelberg (1st state examination 2007; 2nd state examination and admission to the bar 2009) and also holds a master’s degree in political science (2007), also from the University of Heidelberg. She has been working in Switzerland since 2012 and has been registered as a lawyer in Switzerland since 2022 after various in-house positions.

LANGUAGES Paula speaks German (mother tongue) and fluent English, as well as French and Spanish at a conversational level.

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DR. IUR., LL.M. (BERKELEY) / SENIOR ADVISOR

EXPERTISE Thomas Steiner has many years of experience as a lawyer for data and technology law. He advises companies on the implementation of data protection compliance, represents them before administrative authorities and supports them in the development and marketing of innovative data-driven products and services. For our clients, he creates solutions tailored to the relevant technology and business model, which are legally robust and operationally efficient to implement.

MAIN FIELDS His main fields of practice are cloud computing, data protection/data law, antitrust and competition law, IT and business consulting and outside inside counsel. Thomas regularly gives presentations and publishes in his areas of expertise.

BACKGROUND Thomas Steiner studied law at the University of Lucerne (MLaw, 2007; Dr. iur., 2010) and at the University of California, Berkeley School of Law (LL.M. in Law & Technology, 2014). He has been admitted to practise law in Switzerland since 2011.

LANGUAGES Thomas speaks German (native language) as well as fluent English and French at a professional level.

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M.A. HSG, M.LL. / ADVISOR

EXPERTISE Yves Gogniat has many years of experience as a lawyer with a focus on aspects of digital law. He advises companies on IT and data protection law as well as on commercial and corporate law. Thereby he focusses on venture capital, M&A and blockchain. His hallmark: Advice at eye level that is goal and business oriented. He assists companies with the implementation of new and innovative business models and does not shy away from new legal territory. Yves Gogniat is familiar with national and international data protection issues and supports our clients as an external DPO/data protection advisor in their day-to-day business.

MAIN FIELDS His main fields of expertise are new technologies, cloud computing, data protection and data law, IT law, blockchain and corporate law. Yves Gogniat regularly publishes in professional journals and lectures on these topics.

BACKGROUND Yves Gogniat studied Law at the University of St.Gallen (Master of Arts HSG in Law, 2011) and the University of Edinburgh (LL.M. in Information Technology, 2019). He is licensed to practise law throughout Switzerland.

LANGUAGES Yves Gogniat speaks German (native language) and fluent English.

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• 06.02.2024

  Whitepaper Cloud for Healthcare - now available in English!
  Our whitepaper “Cloud for Healthcare” is now available in English. Moving data to the cloud can raise concerns about security, privacy, and compliance for healthcare players. However, it is important to know that the cloud can meet or even exceed these requirements, and that it offers many benefits for business operations. The new whitepaper "Cloud for Healthcare" explains how modern and mature cloud services can overcome legal challenges and enhance efficiency, flexibility, and innovation. The whitepaper can be downloaded for free and provides insight into how the cloud can transform healthcare.
  

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• 12.12.2023

  Digital Sovereignty
  In the most recent special of Netzwoche journal, Christian Laux explains what is meant by digital sovereignty and explains why digital sovereignty is a matter for states: "A cloud solution does not need to be sovereign. States should be sovereign." Netzwoche's Cloud & Managed Services Special was published on 6 December 2023. The issue is dedicated to digital sovereignty in the cloud and the question of whether this is even possible. 
  

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• 14.09.2023

  IT Law in the fall session 2023
  In the fall session 2023, the Parliament will again deal with various IT law topics. Most of the topics to be addressed are ultimately aimed at faster and more efficient digitization of Switzerland. In addition, cyber security continues to be an area of interest. 
  

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