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Conviction of air traffic controller

Conviction of air traffic controller

A critical look at BGer 6B_1220/2018 of 27 June 2019 (Skyguide)

In its ruling of 27 June 2019, the Federal Supreme Court confirmed the decision of the Federal Criminal Court in Bellinzona to convict a Skyguide air traffic controller for negligent disruption of public transport. The ruling has already provoked strong reactions, particularly from air traffic control. As a result, it is doubtful whether it will contribute to the safety culture in aviation ("just culture").

The End of Bearer Shares - An Update

The End of Bearer Shares - An Update

On 21 June 2019, Parliament passed the new Federal Act on the Implementation of Recommendations of the Global Forum on Transparency and Exchange of Information for Tax Purposes. The referendum period runs until 10 October 2019. The new law is expected to enter into force at the end of this year or the beginning of 2020.

Reform of withholding tax - Paying agent tax on interest

Reform of withholding tax - Paying agent tax on interest

Swiss Government approves the objectives and key figures for a paying agent tax

Following the National Council's Commission for Economic Affairs and Taxes (WAK-N), the Swiss Government has also published its key figures for a reform of the Swiss withholding tax ( available only in German). The key figures are largely identical, but there are differences in detail. The Swiss Government also plans to combine an exemption of foreign investors with an improvement of the safeguarding purpose for domestic taxpayers.

Subject access requests and privileged information

Subject access requests and privileged information

The purpose of the right of access is to enable or facilitate the exercise of other individual rights under Swiss or European data protection laws. At the same time, the right of access may adversely affect the rights and freedoms of others, including the right to protection of privileged information. I held a workshop at the bi-annual Lawyers' Congress of the Swiss Bar Association in Lucerne last week. The session discussed the right of access from the viewpoint of lawyers and their clients.

Reform of Swiss withholding tax

Reform of Swiss withholding tax

Subcommission publishes key figures of a paying agent interest tax

The sub-commission appointed in November 2018 (available only in German) by the Commission for Economic Affairs and Taxes of the National Council (WAK-N) has published key figures for a reform of the Swiss withholding tax on interest. Even though the entire commission agreed on the publication (available only in German) of the key figures, it is not binding for her.

Women's Strike Day 14 June 2019

Women's Strike Day 14 June 2019

What do employer's need to know?

Numerous trade unions and women's associations have called a strike for 14 June 2019 to demonstrate for women's rights, in particular for equal pay, better reconciliation of work and family life and against sexism.

IAB Europe Transparency and Consent Framework serves Swiss Media

IAB Europe Transparency and Consent Framework serves Swiss Media

Swiss media affected by GDPR

The basic EU General Data Protection Regulation (GDPR) has been in force since 25 May 2018 and may also apply to Swiss media, communication and media agencies. To ensure transparency and accountability along the international advertising supply chain, IAB Europe has developed the Transparency and Consent Framework (TCF). The TCF allows standardized, code-based communication of the required information between publishers and vendors, in particular on purposes and legal bases of processing (e.g. legitimate interest or consent). Publishers thus gain control over the processing of their users' personal data by third parties. IAB Europe is currently revising the TCF. The consultation on version 2.0 of the TCF runs until May 25, 2019. Google has announced that it will implement the TCF 2.0 once it's finalized.

Trends in the Swiss Cannabis Regulation

Trends in the Swiss Cannabis Regulation

One of currently fastest growing industries are cannabis companies along the value chain of cannabis, such as e.g. pharmaceutical companies around the different application forms of cannabis. Due to significant regulatory changes all over the world, many growers, manufacturers and pharmaceutical companies are exploring the opportunities of the "new" now slowly legalized commodity cannabis. Whilst pharmaceutical companies see the chances of its medical effects, the commercial industry intends to satisfy the desires of the recreational application of cannabis.

Arbitrating banking and finance disputes – What are the benefits?

Arbitrating banking and finance disputes – What are the benefits?

While there has been some growth in the use of arbitration as a means of resolving disputes in the finance sector, court litigation is still by far the preferred-choice of financial institutions in Switzerland. At the SCAI Conference "Arbitrating banking disputes – Are there tangible benefits?" it was discussed how the wider use of arbitration in the finance sector can be promoted and encouraged. This blog post provides a short overview which kind of banking disputes may be suitable and what advantages choosing arbitration may have.

Is there a legal right to a bank account in Switzerland?

Is there a legal right to a bank account in Switzerland?

Access to payment services is particularly important in these digital times. Often a bank account is required. In the EU, every consumer legally resident in the EU has a right to an account (Directive 2014/92/EU). An account may be refused in the EU if a consumer infringes the rules on combating money laundering or terrorist financing (bank accounts in the EU). There is no general explicit legal provision in Switzerland. Is there therefore no legal entitlement to a bank account in Switzerland?

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