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Information and Communication Technology

Legal Advice for Riding the Technology Wave

Schellenberg Wittmer’s ICT Group advises in all legal matters related to information and communication technology (ICT). Data privacy, both under Swiss law and the EU General Data Protection Regulation, builds a further strong pillar of the ICT practice group.

 

For projects and transactions, the ICT Group is fully skilled in all contractual, transactional and regulatory matters of different industry sectors (e.g. finance, life sciences, retail) and has immediate access to specific know-how and resources of related areas of law (e.g. intellectual property, employment, competition, litigation and arbitration).

„prominent figure for data protection and fantastic reputation for outstanding compliance and project experience“

Who's Who Legal

Contact

Roland Mathys
Partner Zurich
Partner
David Mamane
Partner Zurich
Roland Mathys
Partner Zurich
Full Team
David Mamane
Partner Zurich
Roland Mathys
Partner Zurich
Dr. Samuel Klaus
Associate Zurich
Gabor Sebestyen
Associate Zurich
Amalie Wijesundera
Associate Zurich

Expertise

Our Information and Communication Technology Group represents clients in proceedings that involve:

  • Drafting and negotiation of ICT contracts (e.g. license, support, system, XaaS);
  • ICT projects and transactions, including conception, structuring, contract drafting, negotiations, SLAs and legal assistance in implementation (e.g. transition, transformation);
  • Issues related to internet, e-commerce, Web 2.0, and the Internet of Things (e.g. disclaimers and terms of use, regulatory framework);
  • Contracts and legal advice in matters of communication technology (e.g. regulatory, lawful intercept);
  • Comprehensive data privacy advice, both under Swiss law and the EU GDPR, including representation of companies in proceedings with data protection regulators;
  • Setup and implementation of data protection compliance programs under Swiss and EU data privacy laws;
  • Specific data protection issues (e.g. data pooling, data offshoring, questions related to records management, big data, data analytics and profiling);
  • Setup and implementation of cyber security programs, provision of cyber incident response teams, and legal action against cybercrime;
  • Legal impacts of emerging technologies (e.g. wearable devices, IoT, drones, automated vehicles, AI);
  • Legal support in the setup of, and drafting of contracts for, building information modeling (BIM);
  • ICT compliance issues (e.g. license management, open source software, regulatory framework);
  • Regulatory aspects of technology and telecommunications;
  • Commercial litigation, arbitration and criminal proceedings related to ICT disputes.

Our experience includes:

  • SAP and infrastructure outsourcing for a major plant engineering company, a Swiss life insurance company, and a major Swiss hospital;
  • Drafting and negotiation of contracts for a new ICT platform of a global indemnity insurance company, and of a national health and accident insurance provider;
  • Full outsourcing of the core banking platform and ICT services, operations and management for a major bank in Switzerland, including the transfer of several hundred employees, with a total contract volume of CHF 2 billion;
  • Outsourcing of ICT infrastructure and applications for a leading European retailer, including the transfer of 100 employees;
  • Negotiation of an intellectual property assignment agreement for financial software between a global international organization and a European governmental body;
  • Court representation of a multinational life sciences company in its defense of injunctions and claims raised by a software licensor;
  • Representation in court and arbitration proceedings of an international retail chain in its disputes with a software licensor and an outsourcing provider;
  • Advice to a manufacturer for its use of open source software and to a global pharmaceutical company in the bankruptcy of a software licensor;
  • Advice to a large ICT service provider in the negotiation of a major outsourcing and service agreement with a global pharmaceutical company as a potential customer;
  • Representation to Manor in all matters relating to ICT and data protection;
  • Representation of Sopra Steria in large ICT public procurement projects, particularly for electronic road traffic systems;
  • Counsel to Coop in its customer loyalty program "Supercard" from a data protection perspective;
  • Advice to Coop in the negotiations of major software license and service agreements with Microsoft and Salesforce;
  • Counsel to Valora, a large retail chain for convenience goods, in its ICT contract and various data protection matters;
  • Advice to UBS in a landmark big data project in the context of predictive analytic;
  • Counsel to Schindler, one of the largest manufacturers of elevators worldwide, in a large compliance project related to the outsourcing of IT infrastructure to a service provider;
  • Representation of Credit Suisse in a number of major outsourcing related projects.

Deals & Cases

Schellenberg Wittmer advises MoneyPark AG in its acquisition of Finovo AG

Awards and Recognitions

The group and leading practitioners are highly ranked and recognized amongst leading law firms in global directories and publications:

  • Chambers Europe in TMT
  • Legal 500 in TMT
  • WWL Switzerland and WWL Data and Communications international guide
  • Expert Guides