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Commercial

Switzerland

As a business operating in today’s increasingly regulated markets, you need to manage your commercial risk while achieving your business objectives. Your success is built upon the effectiveness of your relationships with both customers and suppliers. Sector-specific contractual arrangements are key to this. Not only do you need the right legal answer, you need it in the context of the market in which you operate. With over 350 lawyers across 41 countries, our multi-disciplinary teams are trained to understand the cultural and business variations impacting your commercial arrangements.

We organise our teams around sectors and industries relevant to you, including financial services, manufacturing, automotive, consumer products, energy, hotels and leisure, infrastructure and projects, lifesciences, supply and logistics, real estate and construction, technology, telecoms, media and sports. Our webinar and knowledge services also ensure that you are fully up to speed on all legal and regulatory developments.

Whether you require advice on commercial contracts, supply services, e-commerce, IT or telecoms agreements, data protection, design and manufacturing, advertising, sponsorship and marketing, consumer sales, software licensing, outsourcing or sales, agency, distribution and franchise agreements, our specialists can guide you towards the best business outcome for you.

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CMS Com­mer­cial Law Group: an over­view
At CMS we pride ourselves on put­ting the needs and wants of our cli­ents first. With over 3,000 law­yers, across 74 of­fices, CMS is a truly in­ter­na­tion­al law firm and we have a great un­der­stand­ing of the...

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19 January 2021
New GDPR strategy to tackle new tech­no­logy, data se­cur­ity, in­ter­na­tion­al...
The European Data Pro­tec­tion Board (EDPB) pub­lished its GDPR Strategy 2021-2023 on 5 Janu­ary 2021, set­ting out four main pil­lars and key ac­tions, which in­clude: Pil­lar 1: Ad­van­cing har­mon­isa­tion and fa­cil­it­at­ing...
13 January 2021
EU­'s Por­tuguese pres­id­ency re­leases new draft of ePri­vacy Reg­u­la­tion
On 5 Janu­ary 2021, the Coun­cil of the EU – with Por­tugal serving as the Pres­id­ent-in-Of­fice – re­leased a new draft ver­sion of the ePri­vacy Reg­u­la­tion, which is meant to re­place the ePri­vacy Dir­ect­ive...
16 December 2020
EU Com­mis­sion pub­lishes pro­posed Data Gov­ernance Reg­u­la­tion
On 25 Novem­ber 2020 the European Com­mis­sion pro­posed new rules on data gov­ernance – a pro­posed Data Gov­ernance Reg­u­la­tion, which is the first of a set of meas­ures an­nounced in the 2020 European strategy...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
11 December 2020
CMS Ex­pert Guide to LVMH lim­its to cash pay­ments
Cash pay­ments are still, in cer­tain coun­tries, the easi­est and most com­mon type of pay­ment to con­clude a com­mer­cial trans­ac­tion. However, the con­tinu­ous in­crease of money laun­der­ing and ter­ror­ist fin­an­cing...
Comparable
01 December 2020
Ar­bit­ral rules – The sea­son of change con­tin­ues: ICC Ar­bit­ra­tion Up­date
On 1 Decem­ber 2020, the ICC In­ter­na­tion­al Court of Ar­bit­ra­tion launched its re­vised ICC Ar­bit­ra­tion Rules (the “Rules”), which will ap­ply to ar­bit­ra­tions sub­mit­ted to the ICC Court from 1 Janu­ary...
25 November 2020
Switzer­land opens con­sulta­tion on pro­hib­it­ing on­line book­ing plat­forms...
On 11 Novem­ber 2020, the Swiss Fed­er­al Coun­cil opened a con­sulta­tion pro­ced­ure for an amend­ment (art­icle 8a) to the Fed­er­al Act against Un­fair Com­pet­i­tion (UCA), which would pro­hib­it price-fix­ing clauses...
24 November 2020
Schrems II: Re­sponses to the su­per­vis­ory au­thor­it­ies' as­sess­ment and re­com­mend­a­tions...
"Schrems II": Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice of...
16 November 2020
Schrems II re­vis­ited: the European data au­thor­ity pub­lishes draft guid­ance...
On 11 Novem­ber 2020, the European Data Pro­tec­tion Board (EDPB) pub­lished two re­com­mend­a­tions that provide guid­ance to com­pan­ies on how to as­sess data trans­fers after the ECJ’s Schrems II de­cision:...
10 November 2020
Reg­u­lat­ing high-risk AI: EU Par­lia­ment calls for a new civil li­ab­il­ity...
On the 19 Oc­to­ber 2020, the European Par­lia­ment (“EP”) ad­op­ted pro­pos­als on reg­u­la­tion of Ar­ti­fi­cial In­tel­li­gence (“AI”) pre­pared by the EP’s Com­mit­tee on Leg­al Af­fairs (“JURI Com­mit­tee”)...
23 October 2020
The EU FDI Reg­u­la­tion be­comes fully ap­plic­able
The EU FDI Reg­u­la­tion, which came in­to force in April 2019, in­tro­duces a frame­work for screen­ing FDI in­to the EU. It is not a sep­ar­ate new screen­ing tool at EU level, but a frame­work for co­oper­a­tion and...
15 October 2020
The new Swiss block­chain/DLT laws have been fi­nal­ised and pre­sum­ably enter...
The new set of Swiss laws on block­chain and dis­trib­uted ledger tech­no­logy (DLT; Block­chain/DLT Laws) has been ap­proved by the Swiss Par­lia­ment on 25 Septem­ber 2020 and is thus now in fi­nal form. Sub­ject...