Florent Thouvenin /
Rolf H. Weber
Both in politics and science, the establishment of «data ownership» is postulated increasingly. The fact that various norms already convey property-alike legal positions is hereby overlooked. Additionally, a convincing theoretical justification for «data ownership» is lacking, and its absence does not cause insurmountable practical problems. On the contrary, the introduction of «data ownership» would lead to numerous consequential problems within its design and implementation. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Data Protection
Peter Georg Picht
Schutz von Geschäftsgeheimnissen als Alternative?
The provisions on the protection of trade secrets are an integral part of Swiss law; transactions regarding trade secrets (e.g. licensing) are of considerable economic importance. But is data protection law in the position to become the core legal framework underlying the data driven economy? The article sketches the current legal regime, measures its efficiency against the case of «connected mobility», flags problems becoming apparent from this «field test», discusses whether the current legislation contributes anything to solving them, and concludes with two conceivable scenarios for the future of data protection law in a data driven economy. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Data Protection
Alfred Früh
A data owner’s factual control of certain data can have negative effects on third parties. From their point of view – be it individuals, affected businesses or even the society as a whole – the question arises whether they should, under certain circumstances, have a legal right to access factually protected data. This article illustrates when access to data becomes an issue and briefly outlines new data access rights that could be used as remedies. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Data Protection, Competition law
Demian Stauber
The article contains some thoughts on the legal environment of so-called Web Scraping. Aspects of copyright, unfair competition law, data protection and contract law are discussed. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Data Protection
Clara-Ann Gordon
The amount of data is blowing up. Until 2025, 160 zettabytes of data will presumably be generated. Data is becoming more valuable and, at the same time, vital. Data protection and security are further gaining in importance. As data is predominantly saved in companies, the imbalance between data producer and consumer further increases. Hence, there are growing calls for autonomy. The article illustrates what is understood by PIMS/PDS, examines the Swiss and European legal situation and shows inadequacies of PIMS/PDS concepts. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Data Protection
Gregor Bühler
The article deals with the legal scope of the loss of data, its legal classification and the relating practical problems. Different types of data loss are constituted by means of various scenarios. The author concludes that, although legal protection instruments exist for most scenarios, the enforcement might prove difficult in particular cases. Additionally, the question arises whether protection should be enhanced, this notably related to the loss without third party influence and for the case of third party’s usage and exploitation of lost data. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Data Protection
Peter K. Neuenschwander /
Simon Oeschger
Herausforderungen in der Praxis
Cloud providers, hosters of online stores and other business partners offer storing services for companies and private individuals that substantially simplify the access and editing of data saved online. The unpleasant surprise, however, can apply when such service partners go bankrupt: the Swiss bankruptcy law does not include a data owner’s right to access or claim digital data that is saved on data mediums of insolvent businesses. The author analyses the issue and demonstrates solution approaches for facing the challenges in practice. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Data Protection
Lennart Chrobak
Zum rechtlichen Umgang mit digitalen Daten im Erbgang
Digital legacy has to be understood as a specific partial aspect of the current discourse on the legal classification and assignment of digital data. The article first gives an overview on the Swiss legal situation de lege lata and, subsequently, shows the inadequacies of the existing regulatory framework in relation to digital successions. Following, a summary of the present judical practice is imparted and future national and international solution approaches for the handling of a person's «digital shadow» are discussed. (ah)
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Category: Articles
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Region: Switzerland
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Field of law: Inheritance law, Data Protection