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Commercial

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 43 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.

05/08/2015
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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21/04/2023
Key changes for com­pan­ies re­lated to the new Gen­er­al Product Safety Reg­u­la­tion
On 30 March 2023, the European Par­lia­ment ad­op­ted the Gen­er­al Product Safety Reg­u­la­tion for con­sumer products, which re­places the Gen­er­al Product Safety Dir­ect­ive of 2001 (2001/95/EC). The Coun­cil must...
12/04/2023
CMS Switzer­land re­com­men­ded by The Leg­al 500 EMEA 2023
Rank­ings of CMS Switzer­land in The Leg­al 500 EMEA 2023 Edi­tion
28/03/2023
European Par­lia­ment and Coun­cil ready to start ne­go­ti­ations on EU Data...
In Feb­ru­ary 2022 the European Com­mis­sion presen­ted its pro­pos­al for the EU Data Act, which – if ad­op­ted - will in­tro­duce a far-reach­ing leg­al re­gime on ac­cess to and use of non-per­son­al data in the...
28/02/2023
New EU sanc­tions against Rus­sia
On 25 Feb­ru­ary 2023, one year after Rus­sia star­ted its in­va­sion of Ukraine, the EU ad­op­ted its tenth sanc­tions pack­age against Rus­sia. To­geth­er with the ex­ist­ing sanc­tions the European Com­mis­sion con­siders...
21/02/2023
Case law on Trade Secrets in Switzer­land
1. Re­quire­ment to un­der­take reas­on­able steps to keep the in­form­a­tion secret - art. 2(1)(c) The Fed­er­al Su­preme Court has held that the defin­i­tion of a trade secret is es­sen­tially the same in every...
Comparable
20/02/2023
Sun­rise peri­od of the Uni­fied Pat­ent Court to be­gin 1 March
After the fi­nal ver­sion of the UPC Rules of Pro­ced­ure had been ad­op­ted and the judges of the UPC had been se­lec­ted and ap­poin­ted, the start of the Sun­rise Peri­od, ori­gin­ally planned for 1 Janu­ary 2023...
17/02/2023
VBER and Ver­tic­al Guidelines leave ques­tion open on what re­stric­tions are...
Art­icle 4 lit. e) VBER, newly in­tro­duced with the 2022 re­form of the VBER, reg­u­lates a hard­core re­stric­tion for all forms of dis­tri­bu­tion that is spe­cific­ally geared to In­ter­net com­merce, and is now cent­ral...
08/02/2023
EU Data Act – Fo­cus on Cloud Ser­vices: what is “func­tion­al equi­val­ence”...
In the second Law-Now in our cloud ser­vices series on the pro­posed EU Data Act (the “Act”), we fo­cus on the concept of func­tion­al equi­val­ence. One of the aims of the Act is to re­move bar­ri­ers to ac­cess...
02/11/2022
CMS ad­vised ISS on the ac­quis­i­tion of Liv­it FM Ser­vices AG
The lead­ing fa­cil­ity man­age­ment and work­place ex­per­i­ence com­pany ISS has ac­quired Liv­it FM Ser­vices AG from its pre­vi­ous par­ent com­pany Liv­it AG. Liv­it FM Ser­vices AG looks after a large pro­por­tion of Swiss Life prop­er­ties in Switzer­land. The com­pany has over 670 em­ploy­ees. The takeover of Liv­it FM Ser­vices AG is a stra­tegic ac­quis­i­tion that strengthens ISS Switzer­land's mar­ket po­s­i­tion. The trans­ac­tion will en­able ISS to ex­pand and de­vel­op its ser­vice de­liv­ery to the real es­tate in­dustry seg­ment. The in­teg­ra­tion of the ac­quired com­pany is ex­pec­ted to be com­pleted in the first quarter of 2023. Liv­it FM Ser­vices AG will op­er­ate un­der the ISS brand in the fu­ture.A team of CMS led by Dr Daniel Jenny com­pre­hens­ively ad­vised ISS on all leg­al mat­ters of this trans­ac­tion.CMS Switzer­land­Dr Daniel Jenny, Part­ner, Cor­por­ate/M&ADr Ferdin­and Blezinger, As­so­ci­ate, Cor­por­ate/M&AFlori­an Jung, As­so­ci­ate, Cor­por­ate/M&AAl­ex­an­dra Stock­er, As­so­ci­ate, Cor­por­ate/M&AReto Hun­sper­ger, Part­ner, Com­mer­cialDr Mar­jolaine Jakob, Part­ner, Com­mer­cial­Christina Winter, As­so­ci­ate, Em­ploy­men­tHelena Loretan, As­so­ci­ate, Real Es­tate­M­ark Ca­gi­enard, Part­ner, Tax
01/11/2022
Di­git­al Mar­kets Act (DMA) comes in­to force on 1 Novem­ber 2022
The Di­git­al Mar­ket Act (DMA) was pub­lished in the Of­fi­cial Journ­al of the European Uni­on on 12 Oc­to­ber, and it will enter in­to force on 1 Novem­ber. Large di­git­al plat­forms that of­fer core plat­form ser­vices...
05/10/2022
2022 ‘Blue Guide’ – the up­dated EU product rules
On 29 June 2022 the European Com­mis­sion pub­lished its re­vised ‘Blue Guide’ on the im­ple­ment­a­tion of EU product rules. For over 20 years, the Blue Guide has been one of the main ref­er­ence doc­u­ments...
14/09/2022
Avoid an ad­vert­ising red card: Middle East­ern con­sid­er­a­tions for your Qatar...
As the 2022 Foot­ball World Cup in Qatar draws near­er, all eyes are on the Middle East, with this be­ing the first time that the tour­na­ment has been hos­ted in the re­gion. Brands around the world will un­doubtedly...