Information and Communication Technology

Who's Who Legal

“Praised for ability to grasp both the technical and legal side of complex cases.”

Who's Who Legal

“Garners plaudits for IT practice.”

Chambers Europe

“Prominent figure for data protection and fantastic reputation for outstanding compliance and project experience.”

Chambers Europe

“All-around understanding of TMT matters, particularly outsourcing agreements.”

Chambers Europe

“Very pragmatic, with a good understanding of the area not just on the legal side but also in a business setting.”

Practice Group

Schellenberg Wittmer’s Information and Communication Technology (ICT) Group advises on all legal matters related to ICT. Data privacy, both under Swiss law and the EU General Data Protection Regulation (GDPR), new technologies and cybersecurity build further strong pillars of the practice group.

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

Expertise

Experience

Our ICT Group represents clients in matters involving:

  • Drafting and negotiation of ICT contracts (e.g. license, support, system, XaaS)
  • ICT projects and transactions, including concept, structure, contract drafting, negotiations, SLAs and legal assistance in implementation (e.g. transition, transformation, benchmarking) and termination/migration
  • Issues around internet, e-commerce or the Internet of Things (e.g. disclaimers and terms of use, regulatory framework)
  • Legal topics around communication technology (e.g. regulatory, lawful intercept)
  • Data privacy, both under Swiss law and the EU GDPR, including representation of companies in proceedings with data protection regulators
  • Set-up and implementation of data protection compliance programmes under Swiss law and GDPR
  • Specific data protection issues (e.g. data pooling, data offshoring, questions related to records management, big data, data analytics and profiling)
  • Set-up and implementation of cyber security programmes, provision of cyber incident response teams, and legal action against cybercrime
  • Emerging technologies (e.g. IoT, AI)
  • Set-up and drafting of contracts for building information modelling (BIM)
  • ICT compliance issues (e.g. license management, open source software)
  • Regulatory aspects of technology and telecommunications
  • Commercial litigation, arbitration and administrative and criminal proceedings related to ICT disputes, data protection issues and cybercrime offences
  • SAP and infrastructure outsourcing for a major plant engineering company, a Swiss life insurance company and a major Swiss hospital
  • Full outsourcing of the core banking platform and ICT services, operations and management for a major bank in Switzerland, entailing the transfer of several hundred employees, with a total contract volume of CHF 2 billion, including eventual second generation outsourcing
  • Court representation of a multinational life sciences company in its defence of injunctions and claims raised by a software vendor
  • Representation in court and arbitration proceedings of an international retail chain in disputes with a software vendor and an outsourcing provider
  • Advice to a global pharmaceutical company in the bankruptcy of a software vendor
  • Representation of Manor group in all matters relating to ICT and data protection
  • Counsel to Coop, one of Switzerland's largest retailers, in its customer loyalty programme ‘Supercard’ from a data protection perspective, and in the negotiations of major ICT agreements with Microsoft and Salesforce
  • Counsel to Valora group, 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 analytics and data privacy matters
  • Counsel to Schindler, a global manufacturer of elevators and escalators, in a large compliance project related to the outsourcing of IT infrastructure
  • Representation of Credit Suisse in a number of major outsourcing projects
  • Representation of Ascensia Diabetes Care in the comprehensive outsourcing of its IT services, following its spin-off from Bayer and integration into Panasonic Health Care

Awards and Recognitions

The group and leading practitioners are highly ranked and recognised among 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
  • Bilanz / Le Temps
  • Best Lawyers (Handelsblatt)
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